Land and Environment Court
of New South Wales
CITATION: Mirvac Projects Pty Ltd v Ku- Ring-Gai Council and Michael William Inglis [2007] NSWLEC 540 PARTIES: APPLICANT
Mirvac Projects Pty LtdFIRST RESPONDENT
SECOND RESPONDENT
Ku-Ring-Gai Council
Michael William InglisFILE NUMBER(S): 10023 of 2007 CORAM: Talbot J - Hoffman C KEY ISSUES: Appeal - Development Consent :- Modification of development consent - where development standard not satisfied.
Development consent:- consent identified modification where breach of development standard will occur.
Modification of development consent:- development standard that enures not dispersed withLEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96, s 96A
Environmental Planning and Assessment Regulations s55
Land and Environment Court Act 1979 s 25A, Part 4 Division 3, s68(1), 79B (3) to (7)
Land and Environment Court Rules Part 13 r 16(b)(1)CASES CITED: Austcorp No. 459 Pty Ltd v Baulkham Hills Shire Council (2002) 122 LGERA 205;
Benalup Holdings Pty Ltd v Lismore City Council (1993) 1 LGERA 257;
Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408;
Kendall Street Developments v Byron Shire Council (No. 2) (2004) 138 LGERA 36;
Kindimindi Investments Pty Ltd v Lane Cove Council and Another (2007) 150 LGERA 333;
North Sydney Council v Michael Standley & Associates (1998) 43 NSWLR 468 ;
Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355;
Willoughby City Council v Dasco Design and Construction Pty Ltd (2000) 111 LGERA 422;
Windy Dropdown Pty Ltd v Warringah Council (2000) 111 LGERA 299DATES OF HEARING: 01/05/07, 03/05//07, 04/05/07, 12/06/07, 21/06/07,12/07/07
DATE OF JUDGMENT:
29 August 2007LEGAL REPRESENTATIVES: APPLICANT
Mr T Robertson SC
SOLICITORS
Lindsay Taylor LawyersFIRST RESPONDENT
SECOND RESPONDENT
Mr P Marincowitz (Solicitor)
SOLICITORS
DLA Phillips Fox
Mr Garnsey QC
Mr Perram SC
Mr Norton (Barrister)
SOLICITORS
Woolf Associates
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESTalbot J and Hoffman C
29 August 2007
JUDGMENT10023 of 2007 Mirvac Projects Pty Ltd v Ku-Ring-Gai Council and Michael William Ingliss
1 Talbot J: On 24 November 2006 the applicant pursuant to s 96 Environmental Planning and Assessment Act 1979 (EPA Act) caused an Application to Modify a Development Consent to be lodged with the first respondent Ku-ring-gai Council. The application to modify the development consent is supported by a letter dated 22 November 2006 and amended architectural plans dated August 2006. The original development consent (DA1388/04) was granted by resolution of the council on 14 June 2005. The Notice of Determination of Development Application addressed to the applicant is dated 22 June 2005. Consent was granted to a proposed development comprising demolition of existing structures and properties known as 10/16 Marian Street, Killara and construction of five residential flat buildings containing 60 units with basement parking, landscaping and strata subdivision.
2 The Notice of Determination of Development Application dated 22 June 2005 notified one hundred and thirty five conditions. Immediately preceding conditions 131 to 135 under the heading “Building Conditions”, the Notice of Determination incorporates the following…
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- Case
- [2007] NSWLEC 540
- Decision Date
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