NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Allaby v Ku-ring-gai Council (2) [2009] NSWLEC 1286
APPLICANT Mark and Susan Allaby PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10880 of 2008
CORAM: Hussey C
KEY ISSUES: SECTION 96 MODIFICATION :- Swimming pool, impact on rock shelf
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ku-ring-gai PSO
DATES OF HEARING: 18/08/2009
EX TEMPORE JUDGMENT DATE : 18 August 2009
APPLICANT Ms C Rose (solicitor) SOLICITOR Maddocks Solicitors LEGAL REPRESENTATIVES:
RESPONDENT Ms L Finn (solicitor) SOLICITOR HWL Ebsworth Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
18 August 2009
10880 of 2008 Mark and Susan Allaby v Ku-ring-gai Council This determination was given extemporaneously and has been edited prior to publication
JUDGMENT Background. 1 This matter concerns Section 96 application to modify a consent granted by the Court for the construction of a new dwelling and associated facilities at 29 Allard Avenue, Roseville Chase. The original application included a swimming pool located atop of a prominent rock shelf and the conditions of consent deleted the swimming pool.
2 The proposed modification involves minor detailing arrangements for the dwelling to incorporate a revised layout for a smaller pool, which does not significantly impact on the existing rock shelf.
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