Cribb v Ku-ring-gai Council [2005] NSWLEC 346

Land and Environment Court of New South Wales

CITATION : Cribb v Ku-ring-gai Council [2005] NSWLEC 346

APPLICANT Lisa Cribb

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10238 of 2005

CORAM: Hoffman C

KEY ISSUES: Appeal :- Refusal of a detached dual occupancy - streetscape - front setback - landscaping - open space -

LEGISLATION CITED: State Environmental Planning Policy No. 53

DATES OF HEARING: 27/06/2005 EX TEMPORE JUDGMENT DATE : 06/27/2005

APPLICANT Mr B Hones, solicitor SOLICITORS Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor SOLICITORS Phillips Fox

JUDGMENT:

In the Land and Environment Court of New South Wales

Hoffman C

27 June 2005

10238 of 2005 Lisa Cribb v Ku-ring-gai Council

JUDGMENT 1 This is a class one appeal No. 10238 of 2005 between Lisa Cribb and Ku-ring-gai Council regarding refusal of consent for a detached dual occupancy at No. 71 The Chase Road, Turramurra. The allotment ran through from The Chase Road to Fairlawn Avenue.

2 The property on the north side had two detached dwellings already built on the subdivision of a similar allotment but a larger and wider allotment than the subject site. It also went through from The Chase Road to Fairlawn Avenue. It comprised No. 73 The Chase Road and No. 66 Fairlawn Avenue.

3 On the south side were No. 69 The Chase Road and No. 62 Fairlawn Avenue.