Murrie v Ku-ring-gai Council [2009] NSWLEC 1041

Land and Environment Court of New South Wales

CITATION : Murrie v Ku-ring-gai Council [2009] NSWLEC 1041

APPLICANT Danielle Murrie PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10486 of 2008, 11105 of 2008 and 11072 of 2008

CORAM: Bly C

KEY ISSUES: APPEAL :- Demolition order and an application for a building certificate

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 03/02/2009

EX TEMPORE JUDGMENT DATE : 3 February 2009

APPLICANT Mr G. Green, solicitor of Pikes Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mrs L. Finn, solicitor of HWL Ebsworth

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

3 February 2009

10486 of 2008 Danielle Murrie v Ku-ring-gai Council 11105 of 2008 11072 of 2008

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 These three appeals relate to the residential property at 3 Lightcliff Avenue, Lindfield, and involve an appeal against a demolition order and appeals in relation to applications for a building certificate and development consent.

2 These matters involve a retaining wall positioned in part on the northern boundary of the subject land. It is now proposed that the retaining wall be partially demolished and reconstructed with a different configuration together with landscaping and fencing that has resulted in there being no issues between the parties. There was one objection in relation to the retaining wall by the neighbour at No. 5 and I now understand that with the modifications that have been made to the proposal there is no longer any objection.