King v Ku-ring-gai Council [2005] NSWLEC 399

Land and Environment Court of New South Wales

CITATION : King v Ku-ring-gai Council [2005] NSWLEC 399

APPLICATION Julie King

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11567 and 11568 of 2004

CORAM: Nott C

Development Application :- subdivision of land - overshadowing - removal of trees - traffic - hours of construction and parking - landscaping bond rejected - appeals upheld KEY ISSUES:

Environmental Planning and Assessment Act 1979, s 97 LEGISLATION CITED: State Environmental Planning Policy No. 53 Ku-ring-gai Planning Scheme Ordinance

CASES CITED: The Dubler Group Pty Ltd v Minister for Infrastructure Planning and Natural Resources & Anor [2004] NSWCA 424

DATES OF HEARING: 12/05/2005 and 13/05/2005 EX TEMPORE JUDGMENT DATE : 05/13/2005

APPLICANT Mr B. Hones, solicitor of Hones Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Hudson, solicitor of Wilshire Webb

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

13 May 2005

11567 and 11568 of 2004 Julie King v Ku-ring-gai Council

JUDGMENT 1. These appeals are against the council's refusal of development applications for a dual occupancy and for a subdivision at No. 2 Normurra Avenue, North Turramurra. 2. The proposal has been amended on several occasions. Originally, an application was made to the council to subdivide the subject land, on which there is a single-dwelling house. This subdivision would have taken place after another development application was approved for a dual occupancy. The result of those two applications, if approved, would have created two lots with a dwelling on each. There was then another application to the council to erect a further dwelling house, that is a total of three on the subject land, on one of those lots as another dual occupancy. This last-mentioned development application was withdrawn.