Charalambos H v Ku Ring Gai Council [2004] NSWLEC 106

Land and Environment Court of New South Wales

CITATION : Charalambos H v Ku Ring Gai Council [2004] NSWLEC 106 APPLICANT Charalambos H PARTIES : RESPONDENT Ku Ring Gai Council

FILE NUMBER(S) : 11454 of 2003 CORAM: Tuor C. KEY ISSUES: Development Application :- Construction of a swimming pool impact on tree LEGISLATION CITED: CASES CITED: DATES OF HEARING: 19/03/04 EX TEMPORE 03/19/2004 JUDGMENT DATE :

APPLICANT Mr J Hones, Solicitor Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms J Smith, Solicitor Wilshire Webb

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11454 of 2003

Tuor C

19 March 2004 CHARALAMBOUS H Applicant v KU RING GAI COUNCIL Respondent Judgment

1 This is an appeal against the refusal by Ku Ring Gai Council (the council) of a development application for alterations and additions to an existing house at 1 Mahratta Avenue, Wahroonga.

2 The Statement of Basic Facts prepared by Mr. Falson, town planning expert for the council, describes the site, its context, the relevant planning controls and the history of the development application.

3 There were two main aspects of proposal that were in disagreement between the parties: i) the fence around the site, and ii) the location of the pool in relation to the Sydney Blue Gum Tree on council's nature strip in Lucinda Street. 4 The first issue was resolved on site. The planning experts, Mr Glendenning, for the applicant, and Mr Falson, agreed to the wording of a condition for the design of the fence.