Shetab v Ku-ring-gai Council [2004] NSWLEC 387

Land and Environment Court of New South Wales

CITATION : Shetab v Ku-ring-gai Council [2004] NSWLEC 387 APPLICANT Mr & Mrs Shetab PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 11528; 11529; 11530 of 2003 CORAM: Brown C Development Application :- erection of dwelling subdivision KEY ISSUES: conversion of dwelling to dual occupancy streescape/character solar access LEGISLATION CITED: Ku-ring-gai Local Environmental Plan 194 State Environmental Planning Policy No. 53 CASES CITED: DATES OF HEARING: 05/07/2004 DATE OF JUDGMENT: 07/06/2004

APPLICANT Mr D Baird, solicitor SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr J Reilly, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

6 July 2004

11528, 11529 and 11530 of 2003 Mr and Mrs Shetab v Ku-ring-gai Council

JUDGMENT 1 These proceedings involve three separate related appeals in relation to the deemed refusal by Ku-ring-gai Council of three development applications for the property on the corner of Nelson Road and Havilah Road, Lindfield (the subject site).

2 Appeal 11528 of 2003 seeks the construction of a new two-storey dwelling as a detached dual occupancy. Appeal 11529 of 2003 seeks the Torrens Title sub-division of the new dual occupancy development. Appeal 11529 of 2003 seeks internal alterations to the new two-storey dwelling to create two separate dwellings in addition to alterations and additions to the existing dwelling on the subject site.