Avnir Group Pty Ltd v Ku-ring-gai Council [2004] NSWLEC 238

Land and Environment Court of New South Wales

CITATION : Avnir Group Pty Ltd v Ku-ring-gai Council [2004] NSWLEC 238 revised - 16/06/2004 APPLICANT Avnir Group Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 11512-13, 11515, 11517-22 of 2003 CORAM: Bly C KEY ISSUES: Designated Development :- Development applications for subdivision and detached dual occupancy developments - subdivision design - residential amenity LEGISLATION CITED: CASES CITED: DATES OF HEARING: 13/04/04-15/04/04 DATE OF JUDGMENT: 05/21/2004

APPLICANT Mr S Kondilios, solicitor SOLICITOR Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr Simmington, solicitor SOLCITOR Phillips Fox

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11512-13, 11515, 11517-22 of 2003 Bly C 21 May 2004 Avnir Group Pty Ltd Applicant

v Ku-ring-gai Council Respondent Judgment Introduction

1. These nine appeals involve: (a) The subdivision of lots 4, 5 and 6 of DP 232995 and Part 1and Part 2 of DP 501142 also known as 404A, 404 and 406 Mona Vale Road, St Ives ("the site") into eight lots ("the subdivision"), and (b) The erection of two, two-storey dwelling houses in the form of a detached dual occupancy development ("the dwelling houses") on each of the eight lots created in (a) above.

2 . The site has an area of 10,761 m2 with a frontage of 91 m to Mona Vale Road. It is generally flat. Each of the three existing lots is developed with a detached dwelling house. There are more than 100 trees on the site including a number of mature trees such as Himalayan cedar, Sydney red gum and spotted gum. Several are acknowledged to be remnant bushland specimens. Locality