Holman v Ku-ring-gai C [2005] NSWLEC 461

Land and Environment Court of New South Wales

CITATION : Holman v Ku-ring-gai C [2005] NSWLEC 461

APPLICANT John Holman

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10840-43 of 2005

CORAM: Hussey C

Development Application :- 4 separate development applications for dual occupancy and subdivision KEY ISSUES:

Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordinance LEGISLATION CITED: State Environmental Planning Policy 53 State Environmental Planning Policy 1

DATES OF HEARING: 08/06/05 EX TEMPORE JUDGMENT DATE : 06/08/2005

APPLICANT Mr G. McKee, solicitor of McKees Legal Solutions

LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Marincowitz, solicitor of Phillips Fox

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

8 June 2004

10840 of 2004 John Holman v Ku-ring-gai Council 10841 of 2004 10842 of 2004 10843 of 2004

JUDGMENT 1 This appeal concerns four separate development applications for dual occupancy and subdivision at No. 67 Roland Avenue, Wahroonga.

2 The site is known as No. 67 Roland Avenue, Wahroonga, being Lot 1 in DP 369490, is located on the north-western side of Roland Avenue between Mildred Street and Berilda Avenue at Wahroonga. The site is zoned Residential "2C" and is surrounded by similarly zoned properties of single and two storey construction. The site has frontage of 29.26 m, a northern boundary depth of 83.515 m, southern boundary depth of 82.875 m, rear boundary of 26.973 m and an area of 2219 sq m.