NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Bunnings Properties Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1658 Hearing dates: 26,27,28 April 2016 Date of orders: 20 July 2016 Decision date: 20 July 2016 Jurisdiction: Class 1 Before: Brown C Decision: Directions for amended plans Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures, tree removal, earthworks and retaining walls, construction of a four storey building and use for hardware and building supplies - demolition of a heritage item - unsuitable design for location on a prominent corner - inadequate setbacks - inadequate communal open space - absence of deep soil landscaping Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Texts Cited: Assessing Heritage Significance (2001) NSW Heritage Office Category: Principal judgment Parties: Bunnings Properties Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Mr J Robson SC and Ms V McWilliams, barrister (Respondent)
Solicitors: Norton Rose Fulbright (Applicant) Sparke Helmore (Respondent) File Number(s): 2016/152878 Publication restriction: No
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