Katter v Ku-ring-gai Council [2006] NSWLEC 361

Land and Environment Court of New South Wales

CITATION : Katter v Ku-ring-gai Council [2006] NSWLEC 361

APPLICANT Anthony Katter PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11418 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- Alterations and additions to service station and workshops, existing use rights, streetscape, vehicular access, impact on adjoining properties

LEGISLATION CITED: Environmental Planning and Assessment Act Ku-ring-gai Planning Scheme Ordinance

DATES OF HEARING: 15/05/2006 and 08/06/2006

EX TEMPORE JUDGMENT DATE : 06/08/2006

APPLICANT Mr D Larkin, barrister SOLICITOR Steven Klinger LEGAL REPRESENTATIVES:

RESPONDENT Mr C Drury, solicitor SOLICITORS Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

8 June 2006

11418 of 2005 Anthony Katter v Ku-ring-gai Council

JUDGMENT This determination was given extemporaneously and it has been edited prior to publication 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against Ku-ring-gai Council's refusal of a development application for a reconfigured entry to the service station car repair station and for the alterations and additions to the building to incorporate a larger office area which would extend over a greater footprint than currently exists on the subject site. 2 The site is Part Lot A DP 412102 known as 544 Pacific Highway, Killara has an area of approximately 940 sq m located on the north western side of the highway. It is generally rectangular in shape although it falls significantly from the highway level towards the Killara Golf Course at the rear. Currently located on the site there is a service station with car repair workshops. 3 It is important to note the subject site enjoys existing use rights and, indeed, existing use rights were a matter that was determined by Bignold J in 1993 whereby he stated that the existing use rights extend to the entire site in terms of a service station and car repair station. 4 By way of background also in 1993, Bignold J determined a development application for the subject site and on its merits he approved the development application and it is important to note what the description of the existing site and the proposal were at that point in time.