Deeves v Ku-ring-gai Council [2004] NSWLEC 385

Land and Environment Court of New South Wales

CITATION : Deeves v Ku-ring-gai Council [2004] NSWLEC 385 APPLICANT Dr Leigh Deeves PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10162 of 2004 CORAM: Murrell C KEY ISSUES: Development Application :- Erection of Tennis court - Swimming pool - impact on adjoining property. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 20/05/2004 EX TEMPORE 05/20/2004 JUDGMENT DATE :

APPLICANT Mrs P Whitford, solicitor SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr A Hudson, solicitor SOLICITORS Whilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

20 May 2004

10162 of 2004 Dr Leigh Deeves v Ku-ring-gai Council

JUDGMENT 1 This matter has come before me as consent orders. A development application was submitted to Ku-ring-gai Council for a tennis court and swimming pool. Council refused the development application and an appeal was lodged with the Land and Environment Court.

2 The parties have entered into discussions prior to these proceedings and the Court notes that the original objector to the proposed development, Mr and Mrs Hutchinson, who live at 15 Pymble Avenue, Pymble, have advised that they withdraw their objection to the amended proposal subject to a number of matters being satisfied including the boundary vegetation during construction and in the future, the surveying between the two properties with pegs marked at 3 m intervals and adequate engineering and drainage works. It is noted that the conditions of consent handed up by the respondent council provide for conditions to be address these matters.