NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Murrie v Ku-ring-gai Council (No 2) [2009] NSWLEC 1348
APPLICANT Danielle Murrie PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10486 of 2008
CORAM: Bly C
KEY ISSUES: MODIFICATION APPLICATION :- demolition of retaining wall
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
CASES CITED: Murrie v Ku-ring-gai Council 2009 NSWLEC 1041
DATES OF HEARING: 24 September 2009
EX TEMPORE JUDGMENT DATE : 24 September 2009
APPLICANT M R Bennet (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Pikes Lawyers
RESPONDENT Mrs L Finn (solicitor) HWL Ebsworth Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
24 September 2009
10486 of 2008 Danielle Murrie -v- Ku-ring-gai Council
JUDGMENT 1 On 3 February 2009 I heard three appeals (Murrie v Ku-ring-gai Council 2009 NSWLEC 1041) in relation to the property at 3 Lightcliff Avenue, Lindfield, involving a demolition order (10486 of 2008), an application for a building certificate (11072 of 2008) and a development consent (11105 of 2008). All three matters relate to a retaining wall on that property. Those appeals were, by consent, upheld.
2 The applicant now seeks in relation to matter 10486 of 2008 the modification of the demolition order (EPA0014/08) that was issued by the Ku-ring-gai Council on 22 April 2008.
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