Sivasamy v Ku-ring-gai Council [2006] NSWLEC 327

Land and Environment Court of New South Wales

CITATION : Sivasamy v Ku-ring-gai Council [2006] NSWLEC 327

APPLICANT Kuna Sivasamy PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11230 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- Consent Orders, demolition of existing building, construction of 5 townhouses, design, impacts, loss of views, height and privacy

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 30/05/2006

EX TEMPORE JUDGMENT DATE : 05/30/2006

APPLICANT Mr J. Hones, solicitor SOLICITORS Hones Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Hudson, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

30 May 2006

11230 of 2005 Kuna Sivasamy v Ku-ring-gai Council

JUDGMENT 1 This matter comes before the Court for consent orders in relation to the demolition of an existing dwelling and associated structures on the site and the construction of five attached townhouses at 2 Fiddens Wharf Road, Killara.

2 In accordance with the Court's Practice Direction – Consent Orders, objectors to a development application may give evidence in the Court's hearing of the Consent Orders. In this regard the Court heard from Ms Peggy Becke of unit 5/510 Pacific Highway, Ms Alison Mullane of unit 6/510 Pacific Highway, Mrs Marianne MacColl on behalf of her son Mr Murray MacColl, who owns unit 8/510 Pacific Highway and Mr Mark Henderson of 33 Grassmere Road. The evidence from the local residents was taken onsite. The Court also had the benefit of documents containing the written submissions from the residents when the development application was lodged.