Vieira v Ku-ring-Gai Council [2006] NSWLEC 414

Land and Environment Court of New South Wales

CITATION : Vieira v Ku-ring-Gai Council [2006] NSWLEC 414

APPLICANT Jose Vieira PARTIES : RESPONDENT Ku-ring-Gai Council

FILE NUMBER(S) : 10258 of 2006

CORAM: Bly C

KEY ISSUES: Development Application :- Installation of tennis court lights

Environmental Planning and Assessment Act LEGISLATION CITED: Ku-ring-gai Planning Scheme 1971 Development Control Plan No. 38 - Residential Design Manual

DATES OF HEARING: 23/06/2006

EX TEMPORE JUDGMENT DATE : 06/23/2006

APPLICANT Mr J Vieira, self represented

LEGAL REPRESENTATIVES: RESPONDENT Mr A Johnson, solicitor SOLICITORS Deacons

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

23 June 2006

10258 of 2006 Jose Vieira v Ku-ring-gai Council

JUDGMENT

This decision was given extemporaneously and has been revised and edited prior to publication

1 This appeal relates to Development Application No. 1369/05 for the installation of light fittings on 8 m high poles to illuminate the existing approved tennis court at 29 Lucinda Avenue, Wahroonga. The tennis court is situated on the north-western corner of the existing subject hatchet shaped allotment and has zero setbacks from the northern and western boundaries.

2 The subject property is partly zoned Residential 2C and partly County Road Reserve under the Ku-ring-gai Planning Scheme 1971 ("the planning scheme"). The tennis court itself and the adjoining lands to the north and west are included in the County Road Reservation. The proposal is permissible with development consent under the planning scheme. It is to be noted that Sch 9 contains objectives requiring that new development should maintain the amenity and character of the area in which it is situated.