NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ray Zhao v Ku-ring-gai Council [2004] NSWLEC 87 revised - 16/03/2004 APPLICANT Ray Zhao PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 11475 of 2003 CORAM: Tuor C. KEY ISSUES: Development Application :- Demolition of existing garage and construction of a tennis court - impact on residential amenity - tree retention LEGISLATION CITED: CASES CITED: DATES OF HEARING: 12/03/2004 EX TEMPORE 03/12/2004 JUDGMENT DATE :
APPLICANT Mr P Rigg, solicitor SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr M Campbell, barrister
JUDGMENT:
IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
11475 of 2003 Tuor C 12 March 2004 Ray Zhao Applicant
v Ku-ring-gai Council Respondent Judgment
1. This is an appeal against Ku-ruing-gai Council's refusal of a Development Application to demolish an existing garage and construct a tennis court at 203 Tryon Road, East Lindfield.
2. The background to the proposal, a description of the site and its context is in Ms Laidlaw's, town planner for the council, statement of evidence.
3. The site is zoned Residential 2(b) under Ku-ring-gai Planning Scheme Ordinance and tennis courts are permissible with consent.
4. DCP No. 38, both the new and the old versions, contains provisions that relate to tennis courts and refer to a council policy on tennis courts adopted in June 1986.
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