Robert Hart v Ku-ring-gai Council [2004] NSWLEC 32

Land and Environment Court of New South Wales

CITATION : Robert Hart v Ku-ring-gai Council [2004] NSWLEC 32 APPLICANT Robert Hart PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 11014, 11016-11018 of 2003 CORAM: Hussey C KEY ISSUES: Development Application :- SEPP 53 Development - Overdevelopment - character of area - Loss of amenity to neighbours Environmental Planning and Assessment Act LEGISLATION CITED: State Environmental Planning Policy No. 53 Ku-ring-gai Planning Scheme Ordinance CASES CITED: DATES OF HEARING: 05/02/2004 DATE OF JUDGMENT: 02/12/2004

APPLICANT Mr G McKee, solicitor SOLICITORS McKees Legal Solution

LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11014, 11016-11018 of 2003 Hussey C 12 February 2004 Robert Hart Applicant v Ku-ring-gai Council Respondent Judgment

Background. 1. These proceedings involve four appeals concerning a SEPP 53 development at No 4 Blaxland Road, Killara. The development is for a four stage development of the property, to ultimately create four new houses, with subdivision into Torrens Title.

2. For the appeal, several issues were identified and some of these referred to the adequacy of details of the proposal. Following a lodgement of further details and conferencing between the respective experts, all planning issues were resolved.