Buzrio Pty Limited v Ku-ring-gai Council [2009] NSWLEC 1413

Land and Environment Court of New South Wales

CITATION : Buzrio Pty Limited v Ku-ring-gai Council [2009] NSWLEC 1413

APPLICANT Buzrio Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10345 of 2009

CORAM: Bly C

KEY ISSUES: DEVELOPMENT APPLICATION :- residential flat building, setbacks and site frontage, amenity and design of dwellings, common open space.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Residential Flat Design Code Development Control Plan No 55 - Ku-ring-gai Multiunit Housing

DATES OF HEARING: 5, 6 and 12 November 2009

DATE OF JUDGMENT: 11 December 2009

APPLICANT Mr G Green (solicitor) SOLICITOR Pikes Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr P Marincowitz (solicitor) SOLICITOR DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

11 December 2009

10345 of 2009 Buzrio Pty Limited v Ku-ring-gai Council

JUDGMENT Introduction 1 This appeal relates to a development application for the erection of a 3, 4 and 5 Storey residential flat building containing 45 dwellings above a 3 level basement with parking for 67 cars at 1179 Pacific Highway and 2 Warrangi Street Turramurra. The two dwellings on the site are to be demolished and a number of trees are to be removed. Whilst the development comprises a single building, the plans identify that part of the building on the northern 'leg' of the 'L' shaped site as Building A and that part of the building on the southern 'leg' of the site as Building B.