H & R Weir Building Consultants Pty Ltd v Ku-ring-gai MC [2005] NSWLEC 22

Land and Environment Court of New South Wales

CITATION : H & R Weir Building Consultants Pty Ltd v Ku-ring-gai MC [2005] NSWLEC 22

APPLICANT H & R Weir Building Consultants Pty Ltd

PARTIES : RESPONDENT Ku-ring-gai Municipal Council

FILE NUMBER(S) : 11239 of 2004

CORAM: Bly C

Development Consent :- erection of a garage forward of the existing building line - streetscape - setbacks - visual character KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Development Control Plan No 38 - Residential Design Manual

DATES OF HEARING: 31/01/2005 EX TEMPORE JUDGMENT DATE : 01/31/2005

APPLICANT Mr S Kondilios of Maddocks Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr C Drury of Phillips Fox

JUDGMENT: - 4 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

31 January 2005

11239 of 2004 H & R Weir Building Consultants Pty Ltd v Ku-ring-gai Municipal Council

JUDGMENT 1 This appeal relates to development application number 482/04 which is for alterations and additions to the existing dwelling house at 32 Greenway Dr., West Pymble. More particularly the alterations and additions comprise an extension to the existing double garage which is incorporated within the house plus a new deck at the rear together with numerous alterations to bedrooms, bathrooms, family room and kitchen. The garage extension, which is the central aspect to this appeal, is to project about 3.5 metres in front of the existing garage. The matter was dealt with as an on site hearing.