Fazal v Ku-ring-gai Council [2005] NSWLEC 138

Land and Environment Court of New South Wales

CITATION : Fazal v Ku-ring-gai Council [2005] NSWLEC 138

APPLICANT Edward Fazal

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11566 of 2004

CORAM: Hussey C

KEY ISSUES: Development Application :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 24/03/2005 EX TEMPORE JUDGMENT DATE : 03/24/2005

APPLICANT Mr S Kondilos, solilcitor SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr B Tobin, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

24 March 2005

11566 of 2004 Edward Fazal v Ku-ring-gai Council

JUDGMENT

1 This appeal arises from council's refusal of a development application for a two lot subdivision at 27 Banks Avenue, Turramurra. The affect of the subdivision is to excise the existing tennis court to create Lot 1 942.1 sq m and Lot 2 containing the existing dwelling with an area of 1,027 sq m.

2 For the appeal the council identified two principle issues and they concern the reduced amenity of open space for Lot 2 and also the impact on the character of the area and reasonable setbacks for neighbouring properties in respect of a future dwelling on Lot 1.

3 The parties have agreed to the appointment of Ms K Gordon as a Court Appointed Expert for planning and she has undertaken a detailed assessment of the proposal, resulting in her conclusion that it merits conditional consent.