Rahmani v Ku-ring-gai Council [2004] NSWLEC 595

Land and Environment Court of New South Wales

CITATION : Rahmani v Ku-ring-gai Council [2004] NSWLEC 595 APPLICANT Rahmani S PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10721 of 2004 CORAM: Bly C KEY ISSUES: Designated Development :- Dual occupancy - demolition of dwelling of heritage significance State Environmental Planning Policy No. 53 - Metropoliltan Residential Developoment LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance Draft (Heritage Conservation) Local Environmental Plan No. 29 CASES CITED: DATES OF HEARING: 27-28/09/2004 DATE OF JUDGMENT: 10/27/2004

APPLICANT Mt P Clay, barrister SOLICITORS McKees Legal Solutions

RESPONDENT LEGAL REPRESENTATIVES: Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: - 9 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

27 October 2004

10721 of 2004 Rahmani S v Ku-ring-gai Council

JUDGMENT

1. This appeal relates to the refusal by the Ku-ring-gai Council of Development Application No. 795/02 which is for the demolition of an existing dwelling house and the erection of a dual occupancy development comprising two two-storey dwelling houses at 27 Richmond Avenue, St Ives.

2. The site, which comprises Lot 5 in DP 220538, is situated on the northern side of Richmond Avenue, has an area of a little over 900 m sq and a frontage of about 20 m. It has a fall of approximately 3 m towards the street. It is located in an area predominantly developed with detached dwelling houses plus some medium density development.