Mr & Mrs Shanley v Ku-ring-gai Municipal Council [2003] NSWLEC 391

> Land and Environment Court of New South Wales

CITATION : Mr & Mrs Shanley v Ku-ring-gai Municipal Council [2003] NSWLEC 391 APPLICATION Mr & Mrs Shanley PARTIES : RESPONDENT Ku-ring-gai Municipal Council

FILE NUMBER(S) : 10802 of 2003 CORAM: Tuor C. Development Application :- detached dual occupancy single storey dwelling consistency with character of the area KEY ISSUES: impact on amenity

LEGISLATION CITED: State Environmental Planning Policy Number 53. CASES CITED: DATES OF HEARING: 10/12/03 EX TEMPORE JUDGMENT DATE : 12/11/2003

APPLICANT Mr S. Kondilios of Maddocks Lawyers

LEGAL REPRESENTATIVES: RESPONDENT R. K. Graham of Abbott Tout

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10802 of 2003

Tuor C

11 December 2003

Mr & Mrs Shanley Applicant v

Ku-ring-gai Municipal Council Respondent

Judgment

1 . This is an appeal against the refusal by Ku-ring-gai Municipal Council (the council) of a development application to construct a detached, dual occupancy, single storey dwelling at No. 3 Troon Place, Pymble, under State Environmental Planning Policy Number 53 (SEPP 53). A description of the site; its context; the background to the proposal; and the statutory context, are contained in the statements of evidence of Mr Ludwig, the town planner for the council, and Mr Minto, town planner for the applicant.