Cawthorne v Ku-ring-gai Council [2005] NSWLEC 505

Land and Environment Court of New South Wales

CITATION : Cawthorne v Ku-ring-gai Council [2005] NSWLEC 505

APPLICANT Lyn Cawthorne

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10505 of 2005

CORAM: Hoffman C

KEY ISSUES: Appeal :- Streetscape and visual bulk - parking - height - street elevation

Ku-ring-gai Planning Scheme Ordinance LEGISLATION CITED: State Environment Planning Policy No. 53 - Metropolitan Residential Development Ku-ring-gai Dual Occupancy Code

CASES CITED: Project Ventures v Pittwater Council [2004] NSWLEC

DATES OF HEARING: 25/08/2005 EX TEMPORE JUDGMENT DATE : 08/25/2005

APPLICANT Mr S Kondilios, solicitor SOLICITORS Maddocks

LEGAL REPRESENTATIVES:

RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

25 August 2005

10505 of 2005 Lyn Cawthorne v Ku-ring-gai Council

JUDGMENT

1 This is a class 1 appeal between Lyn Cawthorne and Ku-ring-gai Council in regard to the refusal of consent for a detached dual occupancy at No. 122 Junction Road, Wahroonga. The appeal No. is 10505 of 2005. Under the Ku-ring-gai Planning Scheme Ordinance the site is zoned Residential 2C, and under that statute such development is prohibited. The application was made under State Environmental Planning Policy No. 53, Metropolitan Residential Development, which is an overriding instrument under which the proposal is permissible with consent.