Sarich v Ku-ring-gai Council [2005] NSWLEC 254

Land and Environment Court of New South Wales

CITATION : Sarich v Ku-ring-gai Council [2005] NSWLEC 254

APPLICANT Eugene Sarich

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10176 of 2005

CORAM: Hoffman C

KEY ISSUES: Development Consent :- Building height - streetscape - size - bulk

Ku-ring-gai Planning Scheme Ordinance 1971 LEGISLATION CITED: Development Control Plan No. 38

DATES OF HEARING: 13/05/2005 EX TEMPORE JUDGMENT DATE : 05/13/2005

APPLICANT - self represented

RESPONDENT LEGAL REPRESENTATIVES: Ms C Rose, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman J

13 May 2005

10176 of 2005 Eugene Sarich v Ku-ring-gai Council

JUDGMENT

1 This is a class 1 appeal No. 10176 of 2005 between Eugene Sarich and Ku-ring-gai Council in regard to Condition 5 of consent No. 1032/04 dated 2 February 2005 for a house at No. 54 Ayres Road, St Ives. Condition 5 said: The height of the proposed building is to be reduced by a minimum of 500 mm, that is, finished ceiling level of the first floor is to be no higher than RL 145.352 in order to minimise undue impact on the streetscape. Amended plans clearly showing the reduced building height shall be submitted to and be approved by council prior to the release of the Construction Certificate. 2 The single issue in the appeal is: 1. Building height: Whether the proposed building height is of such undue impact on the streetscape as to require the reduction of the height of the building by a minimum of 500 mm. 3 The applicable statutes in this appeal for the Residential 2C Zone under the Ku-ring-gai Planning Scheme Ordinance 1971 is found in Sch 9 subcll 1(a) and (b) and subcl 2(e). 1(a) To maintain and where appropriate improve the existing amenity and environmental character of residential zones and