Winter Group Architects P/L v Ku-ring-gai C [2005] NSWLEC 546

Land and Environment Court of New South Wales

CITATION : Winter Group Architects P/L v Ku-ring-gai C [2005] NSWLEC 546

APPLICANT Winter Group Architects Pty Limited

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11437 of 2005

CORAM: Murrell C

Development Application :- Seniors Living Development - Bulk scale and height - Setbacks - Overshadowing - Landscaping and Solar access. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 1

DATES OF HEARING: 04/08/2005, 11/08/05 and 19/09/05 EX TEMPORE JUDGMENT DATE : 09/19/2005

APPLICANT Mr J. Hannaford, solicitor of Hannaford Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr Patterson, solicitor of Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

19 September 2005

11437 of 2004 Winter Group Architects Pty Limited v Ku-ring-gai Council

JUDGMENT 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act against Ku-ring-gai Municipal Council's refusal of a development application for the property known as No. 183 Ryde Road, West Pymble. By way of background these proceedings commenced as an on-site hearing and the Court had the opportunity of viewing the subject site as well as the other residences in the area, in particular those of the objectors to the proposal.