Meadowcorp Developments Pty Ltd v Ku-ring-gai Council [2003] NSWLEC 396

> Land and Environment Court of New South Wales

CITATION : Meadowcorp Developments Pty Ltd v Ku-ring-gai Council [2003] NSWLEC 396 APPLICANT Meadowcorp Developments Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10763 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- Demolish existing buidings and erect a detached dual occupany- appearance in the streetscape - character LEGISLATION CITED: Environmental Planning and Assessmemt Act 1979 State Environmental Planning Policy No. 53 CASES CITED: DATES OF HEARING: 01/12/2003 EX TEMPORE JUDGMENT DATE : 12/01/2003

APPLICANT Mr J S Wheelhouse, barrister SOLICITOR Terrence W Riley LEGAL REPRESENTATIVES: RESPONDENT Mr W O'Rourke, solicitor SOLICITORS Deacons

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10763 of 2003

Nott C

1 December 2003

Meadowcorp Developments Pty Ltd Applicant v

Ku-ring-gai Council Respondent

Judgment

1 . This is an appeal against the council's deemed refusal of a development application to demolish an existing single-storey dwelling and swimming pool at 6 Bangalla Street, Warrawee, and to erect a dual occupancy containing two detached dwelling houses each having a new swimming pool.

2 . Following a number of considerations of the application by the council and in accordance with a recommendation of Mr B Banning, development control officer, the council resolved to grant development consent subject to a whole series of conditions, two of which originally were in issue. However, one of those conditions has now been agreed to; that condition requires the rear proposed dwelling to be moved a further 1.5 m from the southern boundary so as to reduce the overshadowing impact on 17 Harrington Street.