Lysenko v Ku-ring-gai Council [2005] NSWLEC 132

Land and Environment Court of New South Wales

CITATION : Lysenko v Ku-ring-gai Council [2005] NSWLEC 132

APPLICANT Alex Lysenko

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11552 of 2004

CORAM: Brown C

KEY ISSUES: Development Application :- Erection of a dual occupancy - character - streetscape - setbacks - solar access.

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

DATES OF HEARING: 29/03/2005 EX TEMPORE JUDGMENT DATE : 03/29/2005

APPLICANT Mr S Kondillios, solicitor SOLICITORS Maddocks

LEGAL REPRESENTATIVES:

RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

29 March 2005

11552 of 2004 Alex Lysenko v Ku-ring-gai Council

JUDGMENT 1 This is an appeal against a refusal of DA 1650/03 by Ku-ring-gai Council for the erection of a dual occupancy development at 43 and 45 Kedumba Crescent, North Turramurra. The parties agreed to the matter be heard as an On Site Hearing.

2 The proposal is to construct a detached dual occupancy development, comprising of 2 x part two storey brick dwellings with internal garaging and driveways from Kedumba Crescent.