Shaynd v Ku-ring-gai MC [2005] NSWLEC 360

Land and Environment Court of New South Wales

CITATION : Shaynd v Ku-ring-gai MC [2005] NSWLEC 360

APPLICANT Mark Shaynd

PARTIES : RESPONDENT Ku-ring-gai Municipal Council

FILE NUMBER(S) : 11366 of 2004

CORAM: Hussey C

Development Application :- Dual Occupancy Development - Bushfire risk - Amenity - Public interests. KEY ISSUES:

Ku-ring-gai Planning Scheme Ordinance LEGISLATION CITED: State Environmental Planning Policy 53 Planning for Bushfire Protection 2001

DATES OF HEARING: 28/04/2005, 10/05/2005 EX TEMPORE JUDGMENT DATE : 05/10/2005

APPLICANT Mr T. Hones, solicitor of Hones Solicitors

LEGAL REPRESENTATIVES:

RESPONDENT Mr R. Graham, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

10 May 2005

11366 of 2004 Mark Shaynd v Ku-ring-gai Council

JUDGMENT 1 The appeal arises out of council's refusal of a development application for the construction of two detached dual occupancy dwellings on land at No. 86 Kitchener Street, St Ives.

2 The subject land is a relatively large battleaxe shaped lot and under the Ku-ring-gai Planning Scheme Ordinance, it is zoned residential 2(c) and dual occupancy development is prohibited. However, this site is subject to the provisions of SEPP 53 and because of its residential zoning, unless the land is with an area described as Schedule 3, a dual occupancy development is permitted.