Nizik v Ku-ring-gai Council [2005] NSWLEC 256

Land and Environment Court of New South Wales

CITATION : Nizik v Ku-ring-gai Council [2005] NSWLEC 256

APPLICANT Mark Nizik

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11274 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Front fence - swimming pool - streetscape impact - flooding risk - safety - pollution

Environmental Planning and Assessment Act LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance Protection of the Environment Operations Act 1997

CASES CITED: Gray v Fairfield CC, NSWLEC - Appeal No. 10539 of 1986 (Unreported)

DATES OF HEARING: 01/03/2005 and 09/05/2005

DATE OF JUDGMENT: 05/20/2005

APPLICANT Mr G McKee, solicitor SOLICITORS McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT Mr J Cole, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

20 May 2005

11274 of 2004 Mark Nizik v Ku-ring-gai Council

JUDGMENT

Background 1 This appeal arises out of council's refusal of a development application for a front fence and swimming pool, associated with the construction of a new two-storey residence at 19 Carlotta Avenue, Gordon.

2 These components were initially included in the overall development application, which involved the demolition of an existing dwelling and replacement with the new two-storey dwelling and ancillary works. However the property contains a natural watercourse, which results in considerable overland flows during storm events and creates flood hazards.