NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Urbanesque Planning Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1163 Hearing dates: 18 February 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) The exhibits are returned except Exhibit A. Catchwords: Modification of a development application: development contributions, whether granting of consent for works on a constrained residential block could be adjudged likely to increase the demand for public amenities and public services, vacant lots, remnant vegetation, environmental constraints Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Cases Cited: Broker Pty Ltd v Shoalhaven City Council [2008] NSWCA 311 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Rose Consulting Group v Baulkham Hills Shire Council [2003] NSWCA 266 Texts Cited: Ku-ring-gai Contributions Plan 2010 Category: Principal judgment Parties: Urbanesque Planning Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Farrell (Applicant) G Farland (Respondent)
Solicitors: Minter Ellison (Applicant) Sparke Helmore (Respondent) File Number(s): 2018/219595 Publication restriction: No
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