NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Chisholm v Ku-ring-gai Council [2019] NSWLEC 1062 Hearing dates: 18 December 2018 Date of orders: 19 February 2019 Decision date: 19 February 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application No. 0021/18 for alterations and additions to an existing detached dwelling at 5 Matong Street Gordon is refused. (3) The exhibits are returned with the exception of Exhibits 1, A, B and C. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to a dwelling house; heritage conservation area; balancing heritage conservation and other planning objectives Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Ku-ring-gai Local Environmental Plan 2015 Cases Cited: Barkl v Ku-ring-gai Council [2015] NSWLEC 1076 Texts Cited: Australia ICOMOS Practice Note – Burra Charter Article 22-New Work Burra Charter The Australia ICOMOS Charter for Places of Cultural Significance 2013 Ku-ring-gai Development Control Plan Category: Principal judgment Parties: Virginia Chisholm (Applicant) Ku-ring-gai Council (Respondent) Representation: Solicitors: A Hudson, Wilshire Webb Staunton Beattie
Other: R Chisholm, authorised agent (Applicant) File Number(s): 2018/182096 Publication restriction: No
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