NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Hercules St Developments Pty Limited v Ashfield Council [2015] NSWLEC 1378 Hearing dates: 19 and 25 August 2015 Date of orders: 18 September 2015 Decision date: 18 September 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal dismissed Catchwords: MODIFICATION APPLICATION: Mixed use development; FSR, height, parking; is the modification substantially the same Legislation Cited: Environmental Planning and Assessment Act 1979 Ashfield Local Environmental Plan 2013 State Environmental Planning Policy No 1 – Development Standards State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Cases Cited: Council of Trinity Grammar v Ashfield Council [2015] NSWLEC 1086 Gann & Anor v Sutherland Shire Council [2008] NSWLEC 157 Moto Projects (No 2) Pty Ltd v North Sydney Council [1999] NSWLEC 280 Randall v Ashfield [2014] NSWLEC 1034 Tipalea Watson Pty Ltd v Ku-ring-gai Council [2003] NSWLEC 253 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Category: Principal judgment Parties: Hercules St Developments Pty Limited (Applicant) Ashfield Council (Respondent) Representation: Applicant: Mr M Seymour (Barrister) Respondent: Ms R McCullough (Solicitor)
Solicitors: Applicant: Gadens Respondent: Pikes & Verekers Lawyers File Number(s): 10581 of 2015
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