BCE Investments Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 379

Land and Environment Court of New South Wales

CITATION : BCE Investments Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 379

APPLICANT BCE Investments Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10721-29 of 2005

CORAM: Murrell C

KEY ISSUES: Subdivision :- Impact on adjoining properties, shadow impact, solar access, size, landscaping, overdevelopment, character of area

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 53

DATES OF HEARING: 23-24/11/2005, 28/03/2006 and 07/04/2006

EX TEMPORE JUDGMENT DATE : 04/07/2006

APPLICANT Mr C McEwen, SC ( For 23 and 24 November 2005) and Mr B Hones, solicitor SOLICITORS LEGAL REPRESENTATIVES: Hones Lawyers

RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell

7 April 2006

10721 of 2005 BCE Investments Pty Ltd v Ku-ring-gai 10722 of 2005 Council 10723 of 2005 10724 of 2005 10725 of 2005 10726 of 2005 10727 of 2005 10728 of 2005 10729 of 2005

JUDGMENT 1 This is an extempore judgment for a matter that has come before me on several occasions and there have been a number of amended plans. The proposal is for a staged development in the Ku-ring-gai Municipality on the subject site is known as No. 4 Munderah Street, Wahroonga. The applications are staged such that the land is proposed to be subdivided, dual occupancies erected thereon and then further subdivisions to provide individual Torrens title lots. The resultant proposed development is for six dwelling houses on six separate allotments.