Reece Pty Ltd v Ku-ring-gai Council [2004] NSWLEC 636

Land and Environment Court of New South Wales

CITATION : Reece Pty Ltd v Ku-ring-gai Council [2004] NSWLEC 636 APPLICANT Reece Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10379 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- permissible in zone - drainage - public interest LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance CASES CITED: DATES OF HEARING: 13-14/10/2004 EX TEMPORE 10/14/2004 JUDGMENT DATE :

APPLICANT Mr D Wilson, barister SOLICITORS Kemp Strang LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

14 October 2004

10379 of 2004 Reece Pty Ltd v Ku-ring-gai Municipal Council

JUDGMENT 1 This appeal was lodged against council's refusal of a development application for the construction of a new commercial building at No. 8 West Street, Pymble. The site has an area of 945 m sq and the proposal contains 2 levels, comprising roof top parking for 8 vehicles, ground floor for display, storage and commercial sales of plumbing goods and also a basement area for use as a warehouse and 2 car spaces.

2 The site is zoned Business General (3(b)) under the Ku-ring-gai Planning Scheme Ordinance.

3 For the appeal a number of issues were identified including: - whether the proposal is permissible - drainage - site contamination - building setback 4 However, in the lead up to the appeal, further conferencing has been undertaken with the outstanding issues resolved to council's satisfaction so that the parties agreed to Consent Orders. 5 After consideration of the evidence presented to the Court, I am satisfied: