Clare v Ku-ring-gai Council [2005] NSWLEC 484

Land and Environment Court of New South Wales

CITATION : Clare v Ku-ring-gai Council [2005] NSWLEC 484

APPLICANT Robert and Sue Clare

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10465 of 2005

CORAM: Tuor C

Appeal :- Torrens Title subdivision into two allotments Impact on significance of heritage item KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance

DATES OF HEARING: 05/08/2005 EX TEMPORE JUDGMENT DATE : 08/05/2005

APPLICANT Mr S. Kondilios, solicitor of Maddocks

LEGAL REPRESENTATIVES:

RESPONDENT Mr R. K. Graham, solicitor of Abbott Tout

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

5 August 2005

10465 of 2005 Robert and Sue Clare v Ku-ring-gai Council

JUDGMENT 1 This is an appeal against the refusal by Ku-ring-gai Council of an application for Torrens Title subdivision of No. 7-9 Stuart Street, Wahroonga, into two allotments. 2 The site, being Lot 1 DP 582063, is rectangular in shape, has an area of 4623 sq m and is located on the corner of Stuart Street and Illoura Avenue. A substantial house known as "Cedarbank" is situated about 30 m back from both street frontages. There is also the former servants' quarters and garage located on the north-west corner of the site. The surrounding grounds are landscaped with large trees and shrubs, a formal driveway off Illoura Avenue, a swimming pool and tennis court. The main house is located about 4 m above the level of Illoura Avenue and is also above the level of Stuart Street.