Reid v Ku-ring-gai Council [2006] NSWLEC 397

Land and Environment Court of New South Wales

CITATION : Reid v Ku-ring-gai Council [2006] NSWLEC 397

PARTIES : APPLICANT John Ross Reid v Ku-ring-gai Council

FILE NUMBER(S) : 10214 of 2006

CORAM: Bly C

KEY ISSUES: Development Application :- Alterations and additions to existing dwelling house, subdivision of land, trees

LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance Ku-ring-gai Residential Design Manual Development Control Plan No. 38

CASES CITED: Quirante Holdings v Ku-ring-gai Municipal Council (2004) NSWLEC 134

DATES OF HEARING: 13/06/2006

EX TEMPORE JUDGMENT DATE : 06/13/2006

APPLICANT Mr S Kondilios, solicitor SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr A Hudson, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

13 June 2006

10214 of 2006 John Ross Reid v Ku-ring-gai Council

JUDGMENT

This decision was given extemporaneously and has been revised and edited prior to publication.

1 This appeal relates to development application No. 61/06, which is for alterations and additions to the existing dwelling house and the subdivision of land at No. 35 Spencer Road, Killara, into two lots, being Lots 10 and 11.

2 The rectangular shaped site comprises Lot 2 in DP 223754 and has a total area of 2,112 sq m. Apart from the existing dwelling house there are a number of mature trees on the site, generally occupying the area to the east of the dwelling house and between the street frontage and the middle of the site. The majority of these trees are contained on proposed Lot 11. The existing house will occupy proposed Lot 10.