Jennifer Game v Ku-ring-gai Council [2004] NSWLEC 79

Land and Environment Court of New South Wales

CITATION : Jennifer Game v Ku-ring-gai Council [2004] NSWLEC 79 APPLICANT Jennifer Game PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 11106-11109 of 2003 CORAM: Murrell C KEY ISSUES: Development Application :- Four stage development resulting in three dwelling houses with torrens title including an attached dual occupancy - privacy - solar access - impact on adjoining properties and heritage item - streetscape Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance State Environmental Planning Policy No. 53 CASES CITED: Demihale v Ku-ring-gai Council; Porfuri v Ku-ring-gai Council DATES OF HEARING: 04/02/2004, 11/02/2004 and 12/02/2004 EX TEMPORE 02/12/2004 JUDGMENT DATE :

APPLICANT Mr S Kondilios, solicitor of Maddocks

LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson, solicitor of Wilshire Webb

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11106 of 2003 11107 of 2003, 11108 of 2003 and 11109 of 2003

Murrell C

12 February 2004

Jennifer Game Applicant v

Ku-ring-gai Municipal Council Respondent

Judgment

1 . This is an ex tempore judgment in respect of an appeal against Ku-ring-gai Council's refusal of a number of development applications for the properties known as 2A and 2B Peace Avenue, Pymble. It is proposed that the development be carried out in stages, not in terms of stages of the Environmental Planning and Assessment Act but rather that there are a number of development applications whereby certain applications have to be carried out prior to other applications being acted upon.