Ben-Menashe v Ku-ring-gai Council [2005] NSWLEC 598

Land and Environment Court of New South Wales

CITATION : Ben-Menashe v Ku-ring-gai Council [2005] NSWLEC 598

APPLICANT Ilan and Lynda Ben-Menashe

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10748 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Demolition of an existing dwelling - construction of attached dual occupancy - loss of amenity and environmental character - loss of contributory item - streetscape and visual impact - over-development of the site - public interest

Ku-ring-gai Planning Scheme Ordinance State Environmental Planning Policy No. 53 State Environmental Planning Policy No. 55 LEGISLATION CITED: Ku-ring-gai Development Control Plan 47 - Water Management Ku-ring-gai Development Control Plan 43 - Car Parking Ku-ring-gai Dual Occupany Development Control Code

DATES OF HEARING: 13/09/2005

DATE OF JUDGMENT: 10/26/2005

APPLICANT Mr S Kondilious, solicitor Instructed by Ms R Carey Of Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

26 October 2005

10748 of 2005 Ilan and Lynda Ben-Menashe v Ku-ring-gai-Council

JUDGMENT

Background 1 This appeal is against council's refusal of development application for the demolition of an existing dwelling and construction of an attached dual occupancy development at 41 Kissing Point Road, Turramurra.