Spence v Ku-ring-gai Council [2005] NSWLEC 36

Land and Environment Court of New South Wales

Spence v Ku-ring-gai Council [2005] NSWLEC 36 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANTS G W & RP Spence

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11148 of 2004

CORAM: Nott C

Development Consent :- SEPP 5 development for seven apartments - modification sought of council's development consent - visual privacy issues - noise from garbage collection - benefits of the on-site hearing procedure KEY ISSUES:

LEGISLATION CITED: Environmental Planning and Assessment Act s 96

DATES OF HEARING: 8 & 22 February 2005

DATE OF JUDGMENT: 02/22/2005

EX TEMPORE JUDGMENT DATE : 02/22/2005

APPLICANTS Mr G McKee, solicitor SOLICITORS McKees Solutions LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

22 February 2005

11148 of 2004: G W and R P Spence v Ku-ring-gai Council

JUDGMENT 1 Pursuant to the Court's practice direction, a well-prepared Amended Statement of Basic Facts (by the council's executive planner Kerrin Lithgow) was filed. That statement sets out the relevant facts relating to the council's development consent dated 23 December 2003 for a seven-unit development under State Environmental Planning Policy No. 5 – Housing for Older People or People with a Disability to be erected at 40-42 Cowan Road, St Ives. Details are also given of the proposed modifications that are the subject of the present appeal, the council having refused the modification application.