NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Carem Pty Ltd trading as Mackenzie Architects Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1307
APPLICANT Carem Pty Ltd t/as Mackenzie Architects Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10131 of 2009
CORAM: Tuor C
DEVELOPMENT APPLICATION :- Residential flat building transition between zones KEY ISSUES: separation between buildings adequate common open space residential amenity, solar access
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development Ku-ring-gai Planning Scheme Ordinance Ku-ring-gai Development Control Plan 55
CASES CITED: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Matic v Mid Western Regional Council [2008] NSWLEC 113
DATES OF HEARING: 25 and 26 August and 9 September 2009
DATE OF JUDGMENT: 22 September 2009
APPLICANT Mr I Hemmings, barrister Solicitors LEGAL REPRESENTATIVES: Deacons RESPONDENT Mr A Pickles, barrister Solicitors Yates Beaggi Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
22 September 2009
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