Scotcher v Ku-ring-gai Municipal Council [2004] NSWLEC 427

Land and Environment Court of New South Wales

CITATION : Scotcher v Ku-ring-gai Municipal Council [2004] NSWLEC 427 FIRST APPLICANT M Scotcher

PARTIES : SECOND APPLICANT C Scotcher

RESPONDENT Ku-ring-gai Municipal Council FILE NUMBER(S) : 11542 of 2003 CORAM: Moore C KEY ISSUES: Development Application :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 13 May 2004 DATE OF JUDGMENT: 08/04/2004

APPILCANT Mr S Kondilios, solicitor Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

04/08/04

03/11542 M & C Scotcher v Ku-ring-gai Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal pursuant s 97 of the Environmental Planning and Assessment Act 1979 against the refusal by Ku-ring-gai Municipal Council (the council) to grant consent to a dual occupancy dwellings on an existing allotment at the corner of Boundary Road and Wahroonga Ave, Wahroonga. The matter was finalised, on the merits, during the course of an on-site inspection in the company of the legal representatives of the parties and their expert advisers on 13 May 2004. These reasons for decision are issued to formalize that process

2 The principal issues which the council stated as warranting refusal of the application were: o the impact on two major trees on the site; and o the fact that the bulk and scale of the proposed western dwelling would be inconsistent with the streetscape in the street when viewed from the west as part of the streetscape of Boundary Road. 3 The latter issue was particularly pressed in light of a development which surrounds the site and which is for persons over the age of 55 or with a disability.