Davies & Anor v Ku-ring-gai Council [2007] NSWLEC 65

Land and Environment Court of New South Wales

CITATION : Davies & Anor v Ku-ring-gai Council [2007] NSWLEC 65

APPLICANT Mr Mark Thomas Davies & Mrs Catherine Maree Davies PARTIES : RESPONDENT Ku-ring-gai Municipal Council

FILE NUMBER(S) : 20905 of 2006

CORAM: Hussey C

KEY ISSUES: Appeal :- Section 180 Order: Rectifying stormwater on - site management scheme

LEGISLATION CITED: Local Government Act 1993

DATES OF HEARING: 09/02/2007

EX TEMPORE JUDGMENT DATE : 9 February 2007

APPLICANT Mr S. Kondilios, solicitor of Maddocks

LEGAL REPRESENTATIVES: RESPONDENT Mr R. Graham, solicitor Ms C. Bracks, solicitor of Abbott Tout

Ms D. Holm, solicitor Agent for Mr & Mrs Burns

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

9 February 2007

20905 of 2006 Mr Mark Thomas Davies & Mrs Catherine Maree Davies v Ku-ring-gai Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

Background. 1 This appeal arises out of the issue by Council of an Order pursuant to item 12 to the table of s124 of the Local Government Act 1993, served on the applicant on 4 September 2006. The order applies to the subject property, which is known as 34 Bushlands Avenue, Gordon.

2 The Order concerns the control and discharge of stormwater on and from the subject property, pursuant to works required in development consent No 1776/01, which involved building alterations and additions to the existing dwelling.