Coles & Merc v Ku-ring-gai Council [2007] NSWLEC 249
The proposal, as amended to reduce Building B to three storeys and bring Building C into site coverage compliance, addresses prior heritage, soil, and parking concerns; the impact on 'The Briars' is reduced to an acceptable level and no substantive planning impediments remain.
- Jurisdiction
- Australia
- Judgment Date
- 04 May 2007
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal upheld
- Legal Topics
- ['development Application' 'heritage Impact' 'site Coverage' 'solar Access' 'car Parking' 'traffic Impact']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether the proposed development adversely impacts the heritage significance of 14 Woonona Avenue (The Briars)' 'Whether the development complies with site coverage requirements under LEP 194' 'Whether the proposed development provides adequate solar access to dwellings' 'Whether concerns about traffic impact are justified']
Ratio Decidendi
The proposal, as amended to reduce Building B to three storeys and bring Building C into site coverage compliance, addresses prior heritage, soil, and parking concerns; the impact on 'The Briars' is reduced to an acceptable level and no substantive planning impediments remain.
Court Disposition
appeal upheld
Orders
- ['The appeal is upheld.' 'Development application to demolish existing buildings and erect a medium density housing development comprising 66 dwellings in two five-storey and one three-storey buildings is approved, subject to the conditions in Annexure A.' 'The exhibits are returned except Exhibits A and 7.']
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