Xiang Rong Investments Pty Ltd v Ku-ring-gai Council [2004] NSWLEC 409

Land and Environment Court of New South Wales

CITATION : Xiang Rong Investments Pty Ltd v Ku-ring-gai Council [2004] NSWLEC 409 APPLICANT Xiang Rong Investments Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10426 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- removal of old dwelling - construction of a new dwelling - carport - setbacks - streetscape LEGISLATION CITED: CASES CITED: DATES OF HEARING: 27/07/2004 EX TEMPORE 07/27/2004 JUDGMENT DATE :

APPLICANT Mr S Kondilios, solicitor SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr A Hudson, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

27 July 2004

10426 of 2004 Xiang Rong Investments Pty Ltd v Ku-ring-gai Council

JUDGMENT 1 This is appeal No. 10426 of 2004 which was undertaken by an on-site hearing. The appeal is against council's refusal of a development application involving the removal of an old dwelling and subsequent construction of a new dwelling at No. 68 Ridge Street, Gordon.

2 The proposed site forms part of an overall dual occupancy development, which was subject to a number of issues concerning heritage significance of the existing house and servicing. However, following negotiations between the parties, the heritage issue has been resolved and council does not oppose the demolition of the subject dwelling. I also note that council does not oppose the erection of a new replacement dwelling.