Marsden v Ku-ring-gai Council [2010] NSWLEC 1092

Land and Environment Court of New South Wales

CITATION : Marsden v Ku-ring-gai Council [2010] NSWLEC 1092

APPLICANT J Marsden PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10988 of 2009

CORAM: Moore SC

KEY ISSUES: CONSENT ORDERS - DEVELOPMENT MODIFICATION - VEGETATION :-

DATES OF HEARING: 24 March 2010

EX TEMPORE JUDGMENT DATE : 24 March 2010

APPLICANT Mr P Baker, solicitor Guild Lawyers LEGAL REPRESENTATIVES: RESPONDENT Dr J Smith, solicitor Norton Rose

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

24 March 2010

09/10988 J Marsden v Ku-ring-gai Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: This appeal concerns a condition of consent originally imposed by Ku-ring-gai Council (the council) that required the pruning of a Leighton Green hedge between the applicant's property and the property immediately to the east. Following the lodgement of the appeal, the council and the owner of the development property entered into negotiations that have resulted in an amended condition of consent that will require the Leighton Green hedge to be kept pruned in a horizontal line at a height that is to be measured from 3.5 m above ground level at its northern end.

2 The consequence of this is that, although the hedge will be 3.5 m high at the northern end, because of a slight fall in the land it will be at ~ 4.1 m above ground level at its southern end. The southern end is immediately adjacent to the eaves of the garage on the adjacent property to the east.