Wassef v Ku-ring-gai Council (1) [2007] NSWLEC 843

Land and Environment Court of New South Wales

CITATION : Wassef v Ku-ring-gai Council (1) [2007] NSWLEC 843

APPLICANT Rafat George Wassef PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10870 of 2004

CORAM: Tuor C

Section 96 Application :- modify development consent for a dwelling by increasing living area, reducing a deck and providing principle open space in under croft area accessed by concrete footpath. KEY ISSUES: Amenity of open space. Adequacy of information to assess impact on riparian zone, flooding and stability. Impact on adjoining neighbours. .

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordinance

CASES CITED: Stockland Development Pty Limited v Manly Council (2004) 136 LGERA 254

DATES OF HEARING: 03/12/2007

EX TEMPORE JUDGMENT DATE : 5 December 2007

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Dr J Smith, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

5 December 2007

10870 of 2004 (1) Wassef v Ku-ring-gai Council

JUDGMENT 1 This is an appeal against the part refusal by Ku-ring-gai Council (the council) on an application under s 96 of the Environmental Planning and Assessment Act 1979 (the application) to amend a development consent (1717/01) which the Court approved on 11 May 2005 (Appeal No 10870 of 2004) to construct a two-storey house at 21 Rothwell Road, Turramurra (the site).