Kermani v Ku-ring-gai Council [2004] NSWLEC 692

Land and Environment Court of New South Wales

CITATION : Kermani v Ku-ring-gai Council [2004] NSWLEC 692 APPLICANT Hoomayun and Tiran Kermani PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10536 of 2004 CORAM: Hoffman C KEY ISSUES: Development Application :- Demolition of an existing house - erection of a single storey pre-school child long day care centre State Environmental Planning Policy No. 1 - Development Standards LEGISLATION CITED: Development Control Plan No. 43 Ku-ring-gai Planning Scheme Ordinance CASES CITED: DATES OF HEARING: 21/09/2004 EX TEMPORE 11/29/2004 JUDGMENT DATE :

APPLICANT Ms H R Irish, barrister AGENT B T Goldsmith Planning Services

LEGAL REPRESENTATIVES: RESPONDENT Ms M Hawley, solicitor SOLICITORS Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

29 November 2004

10536 of 2004 Hoomayun & Tiran Kermani v Ku-ring-gai Council

JUDGMENT

1 This was a Class 1 appeal No. 10536 of 2004 between H & T Kermani and Ku-ring-gai Council in regard to the refusal of DA 1435/03 for the demolition of an existing house, and the erection of a single storey pre-school child long day care centre, at No. 93 Bannockburn Road, Turramurra.

2 The site was a triangular shape with 21.3 m frontage to the road opposite the T-intersection with Coolabah Avenue. The site was 53.4 m deep. The hypotenuse boundary adjoined a public car park to the Princes Street local shopping centre. Behind the car park and the shops was Irish Park, that the car park also served. The site had a corner boundary to Irish Park and sought to have a gate into it so that it might occasionally be accessed from the site.