NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gladstone Five Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1432
APPLICANT Gladstone Five Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10735 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT MODIFICATION :- Conditions concerning construction traffic management and location of air condition plant on roof top.
Environmental Planning and Assessment Act 1979 Ku-ring-gai P.S.O. LEGISLATION CITED: Draft Ku-ring-gai LEP SEPP No. 65 SEPP (Building Sustainability Index Basix) 2004
DATES OF HEARING: 26 November 2009, 9, 11 and 17 December 2009
DATE OF JUDGMENT: 24 December 2009
APPLICANT Ms S Jellie (solicitor) SOLICITOR Pricewaterhouse Coopers LEGAL REPRESENTATIVES:
RESPONDENT Mr P Marincowitz (solicitor) SOLICITOR DLA Phillips Fox
JUDGMENT: - 2 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
24 December 2009
10735 of 2009 Gladstone Five Pty Ltd v Ku-ring-gai Council
JUDGMENT Background 1 This appeal is against council's refusal of a s96 application to modify some conditions of consent imposed on a development consent for the demolition of 3 houses to enable the construction of a residential flat building comprising 27 units and 41 car spaces. They are contained within 5 residential levels over 2 basement parking levels and located at 5 Gladstone Street, Lindfield.
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