Complete Consultants Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 338

Land and Environment Court of New South Wales

CITATION : Complete Consultants Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 338

APPLICANT Complete Consultants Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11560 of 2005

CORAM: Hoffman C

KEY ISSUES: Appeal :- Deemed refusal of a dual occupancy, setbacks, streetscape, development standards, visual bulk and scale, solar access, suitability of the site,

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

CASES CITED: Falcomata v Ku ring-gai (No 2) [2005] NSWLEC 459

DATES OF HEARING: 14/03/2006, 25-26/05/2006

EX TEMPORE JUDGMENT DATE : 05/26/2006

APPLICANT Mr S. Klinger, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr D. Thomas, solicitor Instructed by Mr. A. Hudson, solicitor of Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

26 May 2006

11560 of 2005 Complete Consultants Pty Limited v Ku-ring-gai Council

JUDGMENT 1 This is a Class 1 Appeal No. 11560 of 2005 between Complete Consultants Pty Limited and Ku-ring-gai Council, in regard to the deemed refusal of a proposed dual residential occupancy at No. 2 Luton Place St Ives, being on the south-west corner with Memorial Avenue. The site is 1018 sq m in area and rises a metre or so above the road within the front setback but then is relatively level.