Avi Rubinstein v Ku-ring-gai Municipal Council [2003] NSWLEC 389

> Land and Environment Court of New South Wales

CITATION : Avi Rubinstein v Ku-ring-gai Municipal Council [2003] NSWLEC 389 revised - 16/06/2004 APPLICANT Avi Rubinstein PARTIES : RESPONDENT Ku-ring-gai Municipal Council FILE NUMBER(S) : 10782 of 2003 CORAM: Bly C Development Application :- Construction of two storey attached dual occupancy Streetscape KEY ISSUES: Bulk and Scale Solar Access

LEGISLATION CITED: State Environmental Planning Policy 53 Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 03/12/03,04/12/03 EX TEMPORE JUDGMENT DATE : 12/04/2003

APPLICANT Mr S Klinger, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr W O'Rourke, solicitor of Deacons

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10782 of 2003

Bly C

4 December 2003

Avi Rubinstein Applicant v

Ku-ring-gai Municipal Council Respondent

Judgment

1 . This appeal relates to Development Application No. 978/02 for the construction of a two storey attached dual occupancy development at lot 2 in DP 26931 being 22 Warrimoo Avenue St Ives. An existing single storey dwelling house on the site is to be demolished.

2. The site has a depth of about 61m, an area of about 1226 sq m with a gradual slope of about 5m from the street to the publicly owned Cowan Creek Bushland Reserve at the rear.

2 . The locality is characterised by one and two storey detached dwelling houses of varying architectural styles. The site is situated in the Residential 2(c) zone under the Ku-Ring-Gai Planning Scheme and under this scheme the proposal, comprising a residential flat building, would be prohibited. However, because dwelling houses are permissible with consent in the 2(c) zone, State Environmental Planning Policy 53 , Metropolitan Residential Development ("SEPP53") is applicable. Clause 18 of SEPP 53 thus permits, with development consent, the construction of a dual occupancy development on this site.