Johnson v Ku-ring-gai Council [2005] NSWLEC 421

Land and Environment Court of New South Wales

CITATION : Johnson v Ku-ring-gai Council [2005] NSWLEC 421

APPLICANT David and Melissa Johnson

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10349 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Alterations and additions to existing dwelling house - proposed carport in front of existing building line - streetscape and character

Ku-ring-gai Planning Scheme Ordinance LEGISLATION CITED: Ku-ring-gai Residential Design Manual - DCP 38 Development Control Plan 43 - Car Parking

DATES OF HEARING: 05/07/2005

DATE OF JUDGMENT: 08/05/2005

APPLICANT Mr S Kondilios, solicitor SOLICITORS Maddocks

LEGAL REPRESENTATIVES: RESPONDENT Mr B Tobin, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

5 August 2005

10349 of 2005 David and Melissa Johnson v Ku-ring-gai Council

JUDGMENT

The appeal 1 This appeal relates to Development Application No. 120/05 which is for alterations and additions to an existing two-storey dwelling house at 14 Coronga Crescent, Killara. 2 The proposed additions to the house mainly comprise a large ground and first floor extension at the rear and an open sided carport at the front. The 6 m x 6 m two-car carport is to be positioned 2 m in front of the dwelling house and setback 1 m from the side boundary of the site. Because of the topography of the site the carport is to be excavated into the site to a maximum depth of about 1.5 m. The site 3 The site comprises Lot 64 in DP 11443. It has a frontage of about 16 m a depth of about 49 m and an area of about 788 sq m. Its slopes gently downward from the rear to its Coronga Crescent frontage.