The Northern Eruv v Ku-ring-gai Council [2012] NSWLEC 1058

Land and Environment Court New South Wales

Medium Neutral Citation: The Northern Eruv v Ku-ring-gai Council [2012] NSWLEC 1058 Hearing dates: 6-8 February 2012 Decision date: 16 March 2012 Jurisdiction: Class 1 Before: Morris C Decision: Directions made: To allow the making of Orders in this matter, the parties are to file agreed conditions in regard to the development applications and only that part of the Roads Act consent which would permit the connection of the individual sites to the adjacent street poles to reflect the findings made by 4pm 23 March 2012. Final Orders will be made in Chambers. Catchwords: Development applications, whether works within public roads are works which are the subject of those applications, consent under the Roads Act Legislation Cited: Roads Act 1993 Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordinance Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 4) [2009] NSWLEC 226 Goldberg v Waverley Council [2007] NSWLEC 259 Texts Cited: Ku-ring-gai Development Control Plan No. 38 - Residential Design Manual; AS4373 - 2007 Pruning of Amenity Trees; Amenity Tree Industry Code of Practice 1998 Category: Principal judgment Parties: The Northern Eruv (Applicant)

Ku-ring-gai Council (Respondent) Representation: Counsel Mr P Clay SC with Ms A Hemmings (Applicant)

Mr J Robson with Mr A Pickles (Respondent) Solicitors Mr A Schwarcz Morgan Lewis (Applicant)