Masling v Ku-ring-gai Council [2004] NSWLEC 394

Land and Environment Court of New South Wales

CITATION : Masling v Ku-ring-gai Council [2004] NSWLEC 394 APPLICANT Kevin Masling PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10029 of 2004 CORAM: Murrell C KEY ISSUES: Development Application :- Dwelling house impact on streescape-bulk and scale LEGISLATION CITED: CASES CITED: DATES OF HEARING: 04/05/04, 01/06/04, 11/06/2004 EX TEMPORE 06/11/2004 JUDGMENT DATE :

APPLICANT Mr D Baird, solicitor SOLICITORS Maddocks

LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

11 June 2004

10029 of 2004 Kevin Masling v Ku-ring-gai Council

JUDGMENT 1 This judgment is for an appeal concerning a development application submitted to Ku-ring-gai Council for a dwelling house at the property known as No. 22 Slade Avenue, Lindfield. These proceedings commenced as an on site hearing. At that time the development application was not satisfactory and the Court gave the applicant the opportunity to submit an amended development application. This significantly lowered the level of the garage and ensured that the building did not read as a three storey dwelling from the street.

2 Other amendments included the driveway, the front fence, and the upper storey. Following an adjournment he development application came back to the Court with an amended plan and the council has had the opportunity of assessing same as well as the council's development assessment consultant, Ms Laidlaw who provided comments to the Court. The Court in many respects agreed with many of her concerns and further amendments were then required to the plans.