Meadowcorp Developments Pty Ltd v Ku-ring-gai Council [2003] NSWLEC 371

> Land and Environment Court of New South Wales

CITATION : Meadowcorp Developments Pty Ltd v Ku-ring-gai Council [2003] NSWLEC 371 APPLICANT Meadowcorp Developments Pty Ltd v Ku-ring-gai Council PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10766 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- Deemed refusal for proposed demolition of the existing dwelling and construction of a detached dual occupancy and two swimming pools - streetscape - solar access - setbacks - would the designs fit in with other houses in the street

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 53 CASES CITED: DATES OF HEARING: 02/12/03, 04/12/03, 5 December 2003 EX TEMPORE JUDGMENT DATE : 12/09/2003

APPLICANT Mr J S Wheelhouse, solicitor SOLICITORS J Terrence Riley

LEGAL REPRESENTATIVES: RESPONDENT Mr R K Graham, barrister SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10766 of 2003

Hoffman C

9 December 2003

Meadowcorp Developments Pty Ltd Applicant v

Ku-ring-gai Council Respondent

Judgment

1 . This was a class 1 appeal No. 10766 of 2003 between Meadowcorp Developments Pty Ltd and Ku-ring-gai Council in regard to the refusal of a detached dual occupancy proposal at 10 Gilda Road, Wahroonga. The lot has an area of 1343 m2 and sloped down from the road along the length of the Lot about 4.6 m. On the west side was the battleaxe drive to No. 12, which was behind No. 10. Number 10 had a right of way over the drive and proposed to use the first part of it as the footpath crossing to house No. 2 of the proposal. Its drive went off the right of way just inside the street boundary and there was a manoeuvring area in front of the double garage and a turnaround to allow entry and exit in a forward direction. West of the right of way was 14 Gilda Road slightly down the hill of the site with a single-storey house with garage under.