Colonial State Properties Pty Limited v Ku-ring-gai Municipal Council [2003] NSWLEC 236

> Land and Environment Court of New South Wales

CITATION : Colonial State Properties Pty Limited v Ku-ring-gai Municipal Council [2003] NSWLEC 236 Applicant: Colonial State Properties Pty Limited PARTIES : Respondent: Ku-ring-gai Municipal Council FILE NUMBER(S) : 10405 of 2003 CORAM: Moore C KEY ISSUES: Dual Occupancy :- Riparian zone Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Rivers and Foreshores Improvement Act 1948 State Environmental Planning Policy 53 Ku-ring-gai Planning Scheme Ordinance CASES CITED: Manzie v Willoughby City Council 96 LEC 26 DATES OF HEARING: 24 and 25 September 2003 DATE OF JUDGMENT: 10/10/2003

Mr G McKee, solicitor McKees Legal Solutions LEGAL REPRESENTATIVES: Mr P Rigg, solicitor Deacons

JUDGMENT: - 1 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10405 of 2003

Moore C

10 October 2003 COLONIAL STATE PROPERTIES PTY LIMITED Applicant v KU-RING-GAI MUNICIPAL COUNCIL Respondent Judgment

Introduction 1 On 5 December 2002, Roseth SC delivered his reasons for decision in matters 10264 and (1)0208 of 2002. Those proceedings involved the same parties as the present proceedings. The first of those matters related to a development application to subdivide lots 73 and 74 DP 749522 (part of a property known as 37 Kenthurst Road, St Ives that currently comprises lots 73 and 74 and lot 1 DP 777906, and lot 2 DP 777906) into four allotments, referred to as lots 81, 82, 83 and 84. The second of the matters dealt with an application for development approvals for housing on the four subdivided allotments and the other two existing allotments. It included an application pursuant to State Environmental Planning Policy 53 for the construction of a number of detached dual occupancy dwellings on five of the six resulting allotments. For reasons which are not presently relevant, the proposal for detached dual occupancy dwellings on approved Lot 83 was excluded from the matters dealt with by Roseth SC on that occasion.