Scott v Ku-ring-gai Council [2006] NSWLEC 172

Land and Environment Court of New South Wales

CITATION : Scott v Ku-ring-gai Council [2006] NSWLEC 172

APPLICANT Donald Andrew Scott PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11380 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- Section 97 for a carport, setbacks , streetscape, character, landscape

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Development Control Plan Ku-ring-gai Planning Scheme Ordinance

CASES CITED: Stockland v Manly CC; Zhang v Canterbury CC

DATES OF HEARING: 28/02/2006

EX TEMPORE JUDGMENT DATE : 02/28/2006

APPLICANT M D. Scott, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms K. Eggleton, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell J S

28 February 2006

11380 of 2005 Donald Andrew Scott v Ku-ring-gai Council

JUDGMENT 1 This is an extempore judgment for an appeal under section 97 of the Environmental Planning and Assessment Act 2000 against Ku-ring-gai Council's refusal of a Development Application for a carport at the premises known as No. 21 Kiparra Street, Pymble.

2 The development application was refused by the Council in May 2005 and the applicant subsequently appealed to the Court. The Council provided a statement of issues to on-site proceedings this morning. In summary the issues are that the proposed carport will detract from the appearance of the dwelling and will be unsympathetic to the existing natural and built environment in this location and also that the objectives set out in schedule 9 of Council's Local Environmental Plan are not satisfied. 3 The proposed carport is between 7.4 m and 8.4 m from the front boundary. Council's requirement in its Development Control Plan (DCP) requires a minimum setback of 12 m and an average setback of 14 m. It is noted that the house is setback some 17 m in part from the street.