Lyndon Fields Pty Ltd v Ku-ring-gai Council [2005] NSWLEC 570

Land and Environment Court of New South Wales

CITATION : Lyndon Fields Pty Ltd v Ku-ring-gai Council [2005] NSWLEC 570

APPLICANT PARTIES : Lyndon Fields Pty Limited

FILE NUMBER(S) : 10600-01 of 2005

CORAM: Tuor C

Development Application :- construction of two attached dual occupancies. KEY ISSUES: Impact on residential amenity

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

DATES OF HEARING: 26/09/2005 EX TEMPORE JUDGMENT DATE : 09/26/2005

APPLICANT Mr S. Kondilios, solicitor of Maddocks Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Hudson, solicitor of Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

26 September 2005

10600-01 of 2005 Lyndon Fields Pty Limited v Ku-ring-gai Council

JUDGMENT 1 These are two appeals against the refusal by Ku-ring-gai Council of two dual occupancy developments at No. 51 Benaroon Avenue, St Ives. The parties agreed that the appeals should be heard together.

2 Appeal No. 10600 of 2005 relates to development application 379/05 for an attached dual occupancy on Lot 1 DP362015. Appeal No. 10601 of 2005 relates to development application 380/05 for a detached dual occupancy on Lot 2 DP362015. 3 The existing site is 2047.5 sq m with a single storey house. Council has approved subdivision of the site into two allotments, Lots 1 and 2. Both allotments are 1024.8 sq m and each has a frontage of 19.81 m to Benaroon Avenue. 4 A description of the site, its context and history of the development applications is contained in the Statement of Basic Facts.