Arkibuilt v Ku-ring-gai Council [2005] NSWLEC 728

Land and Environment Court of New South Wales

CITATION : Arkibuilt v Ku-ring-gai Council [2005] NSWLEC 728

APPLICANT Arkibuilt Pty Limited

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10611 of 2005

CORAM: Brown C - Tuor C

KEY ISSUES: Development Application :- demolition of all improvements and the erection of a multi-unit housing development - building setbacks - building width - building separation

Ku-ring-gai Planning Scheme Ordinance LEGISLATION CITED: Ku-ring-gai Local Environmental Plan 194

DATES OF HEARING: 2, 3 /11/2005

DATE OF JUDGMENT: 12/23/2005

EX TEMPORE JUDGMENT DATE : 11/04/2005

APPLICANT Mr P Tomasetti, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Tuor C

23 December 2005

10611 of 2005 Arkibuilt Pty Limited v Ku-ring-gai Council

JUDGMENT 1 COMMISSIONERS: This is an appeal against the refusal by Ku-ring-gai Council (the council) of DA 282/05 for the demolition of all improvements and the erection of a multi-unit housing development at 2 - 8 Milray Street and 10 Havilah Lane, Lindfield (the site).

2 The proceedings were heard on 2 and 3 November 2005 and judgement given on 4 November 2005 subject to the conditions being amended to reflect the findings in the judgement. On 16 December 2005 the parties were directed to attend a Mention, as the conditions had not been provided to the Court. Notwithstanding the Courts findings, the parties were still in dispute over conditions 75 and 76. The parties were directed to file their preferred conditions by close of business on 16 December 2005 for the Courts consideration. The site 3 The site is located on the eastern side of the Pacific Highway/railway corridor and is directly adjacent to the Lindfield commercial precinct. It is bounded by Milray Street to the north-west, Havilah Lane to the south-west, Kochia Lane to the south-east and No. 10 Milray Street to the north-west. Milray Street is the principal address to the site. Both Kochia Lane and Havilah Lane are service roads. Kochia Lane is a narrow driveway providing vehicular access to a public carpark. The site is rectangular in shape and has a total area of 6672 sq m. The frontages to Milray Street, Havilah Lane and Kochia Lane are 90.71 m, 91.72 m and 73.15 m respectively.