Stott v Ku-ring-gai Council [2006] NSWLEC 405

Land and Environment Court of New South Wales

CITATION : Stott v Ku-ring-gai Council [2006] NSWLEC 405

APPLICANT Geoffrey Stott PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10542 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Construction of a free-standing double carport, setback, landscaping, tree vegetation, character of the area

DATES OF HEARING: 16/10/2006

EX TEMPORE JUDGMENT DATE : 10/16/2006

APPLICANT Mr G Stott, self represented

LEGAL REPRESENTATIVES: RESPONDENT Ms J. Studdert, solicitor SOLICITORS Deacons Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

16 October 2006

10542 of 2006 Geoffrey Stott v Ku-ring-gai Council

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication. 1 The appeal was lodged against council's refusal of a development application for the construction of free-standing double carport, concrete driveway together with a front fence at No. 27 Warrimoo Avenue, St Ives. The full details of the property, the proposal and the planning controls are contained in the Statement of Basic Facts on which I rely.

2 For the appeal the main issues identified are concerned with the streetscape impacts in terms of the proposal not sufficiently being setback in accordance with the controls. There was concern about the front proposed fences impact on the streetscape character and also the impact on vegetation.