Baynie v Ku-ring-gai C [2006] NSWLEC 15

Land and Environment Court of New South Wales

CITATION : Baynie v Ku-ring-gai C [2006] NSWLEC 15

APPLICANT Joanne Baynie PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11046 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- Subdivision of heritage item into 2 lots - impact on heritage item - impact on appropriate curtilage - landscaping - setbacks - visual impacts

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance Dual Occupancy State Regional Environmental Plan No. 53

CASES CITED: Joyce v Ku-ring-gai Council [2002] NSWLEC 46 Bignold J

DATES OF HEARING: 21/12/2005

EX TEMPORE JUDGMENT DATE : 01/16/2006

APPLICANT Mr D Baird, solicitor of Maddocks LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

16 January 2006

11046 of 2005 Joanne Baynie v Ku-ring-gai Council

JUDGMENT

This decision was delivered as a verbal judgment and for clarity it has been edited before publication. 1 By way of background, the Court was referred to a previous judgment in this Court of his Honour Bignold J in the matter of Joyce v Ku-ring-gai Council where his Honour considered a proposed development under State Environmental Planning Policy No. 5 for elderly and disabled people on the subject site and that application was refused.