Tenacity Investments v Ku-ring-gai Council [2006] NSWLEC 148

Land and Environment Court of New South Wales

CITATION : Tenacity Investments v Ku-ring-gai Council [2006] NSWLEC 148

Applicant: Tenacity Investments Pty Ltd PARTIES : Respondent: Ku-ring-gai Council

FILE NUMBER(S) : 11234 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- non-discretionary development standards

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s79C(2)

DATES OF HEARING: 21/03/2006, 22/03/2006, 04/04/2006 and 02/05/2006

DATE OF JUDGMENT: 05/02/2006

Applicant: LEGAL REPRESENTATIVES: Mr J Robson, barrister instructed by Mr T Sattler of Sattler & Associates Respondent: Mr P Marincowitz, solicitor of Phillips Fox

JUDGMENT: - 9 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

2 May 2006

11234 of 2005 Tenacity Investments Pty Ltd v Ku-ring-gai Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Ku-ring-gai Council (the council) of an application to demolish the existing structures and erect four townhouses and a seven-level residential flat building on lots 1 and 2 DP 220159 (known as 2-4 Everton Street, Pymble) and lot 1 DP 21778 (known as 2 Pymble Avenue, Pymble).

The site 2 The site is L-shaped, with a total area of 2,921m2. The main part of the site falls steeply to the southwest, with a fall of about 20m. It is close to Pymble shopping centre and the railway station. To the northeast are apartment buildings with a frontage to Pacific Highway. Adjoining are No 4 Pymble Avenue, a one-to-two-storey house; No 6 Pymble Avenue, which adjoins for a short distance and contains a single-storey house; No 8 Pymble Avenue, a battleaxe block with a one-to-two-storey house; No 3 Livingstone Avenue, a dental clinic; and No 5 Livingstone Avenue, which is a new two-storey house. All the properties to the southwest are low-density houses and, with the exception of 4 Pymble Avenue and 5 Livingstone Avenue, are zoned for low density.