Ground Crew at Turramurra Pty Ltd v Ku-ring-gai Council (First Respondent) The Commissioner of the Rural Fire Service (Second Respondent) [2008] NSWLEC 86

Land and Environment Court of New South Wales

CITATION : Ground Crew at Turramurra Pty Ltd v Ku-ring-gai Council (First Respondent) The Commissioner of the Rural Fire Service (Second Respondent) [2008] NSWLEC 86

APPLICANT Ground Crew at Turramurra Pty Ltd

PARTIES : 1ST RESPONDENT Ku-ring-gai Council

2ND RESPONDENT The Commissioner of the Rural Fire Service

FILE NUMBER(S) : 10555 of 2007

CORAM: Roseth SC

KEY ISSUES: Appeal :- Bushfire Risk:

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 The Rural Fires Act 1997

DATES OF HEARING: 24/01/2008 and 25/01/2008

DATE OF JUDGMENT: 28 February 2008

APPLICANT Mr D. Miller, barrister instructed by Mr A. Whealy of Gadens Lawyers

LEGAL REPRESENTATIVES: 1st RESPOONDENT Mr N. Howie, solicitor of Wilshire Webb Staunton and Beattie

2ND RESPONDENT MR C. Harris, SC Instructed Mr N. Thomas of Clayton Utz

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

28 February 2008

10555 of 2007 Ground Crew at Turramurra v Ku-ring-gai Council (First Respondent) and the Commissioner of the NSW Rural Fire Service (Second Respondent)

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Ku-ring-gai Council) of a development application to construct a residential precinct consisting of 58 dwellings, referred to as the East Bank Development, within the nearly-completed senior housing development of 220 dwellings called the Landings, on lot 1 DP 858405, known as 440 Bobbin Head Road, North Turramurra.