Rado and Greco Developments Pty Ltd v Ku-ring-gai Council [2003] NSWLEC 346

> Land and Environment Court of New South Wales

CITATION : Rado and Greco Developments Pty Ltd v Ku-ring-gai Council [2003] NSWLEC 346 APPLICANT Rado and Greco Developments Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10247 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- For the construction of an attached dual occupancy - bushfire hazard - streetscape - privacy - drainage - solar access LEGISLATION CITED: State Environmental Planning Policy No. 53 Ku-ring-gai Planning Scheme Ordinance CASES CITED: DATES OF HEARING: 03/09/03, 17/09/03 and 28/11/2003 EX TEMPORE JUDGMENT DATE : 12/24/2003

APPLICANT Mr C Gough, solicitor SOLICITORS Storey and Gough

LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10247 of 2003

Hoffman C

24 December 2004

Rado & Greco Developments Pty Ltd Applicant v

Ku-ring-gai Council Respondent

Judgment

1 . This was a Class 1 appeal No. 10247 of 2003 between Rado and Greco Developments Pty Limited v Ku-Ring-Gai Council in regard to an application for a two storey attached dual occupancy at 27A Blaxland Road Killara. The allotment had an area of 858 m2 and a frontage of 27.54 m to the street. It was approximately rectangular with a depth of about 32 m.

2 . On its north-eastern side was an access drive to a battleaxe lot that was No. 27 Blaxland road. It was on the north-west side of No. 27A. Number 27 fronted the bushland of Lane Cove National Park. There was an existing two storey house on No. 27. Across the battleaxe drive was No. 25, another two storey house, and its driveway ran beside the one to No. 27. Number 29 on the south-west side of the site was a two storey timber house set well back on its allotment adjacent to the house on No. 27. There was another house on another battleaxe allotment on the north-east side of No. 27 and below No. 25.