Wilden-Constantin & Anor v Ku-ring-gai Municipal Council [2004] NSWLEC 429

Land and Environment Court of New South Wales

CITATION : Wilden-Constantin & Anor v Ku-ring-gai Municipal Council [2004] NSWLEC 429 FIRST APPLICANT V Wilden-Constantin

PARTIES : SECOND APPLICANT A Campos

RESPONDENT Ku-ring-gai Municipal Council FILE NUMBER(S) : 10955 of 2003 CORAM: Moore C Development Application :- KEY ISSUES: Small allotment Need to design to context of site . Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance State Environmental Planning Policy No 1 . Zhang v Canterbury City Council (2001) 115 LGERA 373; CASES CITED: Manzie v Willoughby City Council 96 LEC 26; . DATES OF HEARING: 28 and 29 June 2004 EX TEMPORE 06/29/2004 JUDGMENT DATE :

APPLICANT Mr C McEwen, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

29 June 2004

10955 of 2003 V Wilden-Constantin & A Campos v Ku-ring-gai Council

JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning & Assessment Act against the refusal by Ku-ring-gai Municipal Council (the council) of Development Application 292 of 2002, which was lodged on 8 March 2002. It is an application for the erection of a freestanding dwelling at 8 Valley Park Crescent, North Turramurra. The site is Lot 1 in DP 107347. The proposal is for the erection of a 2 storey, 3 bedroom house. Also on the second storey is a games room and study and a western facing verandah. Part of the design includes a double garage facing to Valley Park Crescent which is proposed to have a 3.9 m high ceiling but with a door substantially below that height with infill panels above the door.