NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Dazdon Pty Limited v Ku-ring-gai Council [2008] NSWLEC 1271
APPLICANT Dazdon Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10183 of 2008
CORAM: Tuor C
KEY ISSUES: Development Application :- subdivision and construction of detached dwelling houses, removal of tree, allotment size and rear setbacks, compatibility with character of the streetscape.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance 1971 Ku-ring-gai Development Control Plan 38 Residential Design Manual
CASES CITED: Seaside Properties Developments Pty Limited v Wyong Shire Council (2004) NSWLEC 117
DATES OF HEARING: 24 and 25/06/2008
EX TEMPORE JUDGMENT DATE : 26 June 2008
APPLICANT Mr S Kondilios, solicitor of Maddocks Lawyers LEGAL REPRESENTATIVES: RESPONDENT Dr J Smith, solicitor of Deacons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
26 June 2008
10183 of 2008 Dazdon Pty Limited v Ku-ring-gai Council
JUDGMENT 1 This is an appeal against the refusal by Ku-ring-gai Council (the council) of a development application (1211/2007) for a three lot subdivision and the erection of three detached dwelling houses at 152 Killeaton Street, St Ives (the site).
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