Steger v Ku-ring-gai Council [2008] NSWLEC 1219

Land and Environment Court of New South Wales

CITATION : Steger v Ku-ring-gai Council [2008] NSWLEC 1219

APPLICANT Alois Steger PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11284 of 2007

CORAM: Hoffman C

KEY ISSUES: Deemed Refusal - Section 96 Modification :- streetscape, visual and acoustic privacy, boundary wall,

Land and Environment Court Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordnance

DATES OF HEARING: 27/03/2008 03/06/2008

EX TEMPORE JUDGMENT DATE : 3 June 2008

APPLICANT Ms J. Reid, solicitor, Instructed by Mr J. Palmer, solicitor, LEGAL REPRESENTATIVES: of Pike Pike & Fenwick

RESPONDENT Ms L. Finn, solicitor, of Home Wilkinson Lowry, Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

3 June 2008

11284 of 2007 Alois Steger v Ku-ring-gai Council

JUDGMENT 1 This is a Class 1 Appeal No 11284 of 2007 between Steger and Ku-ring-gai Council in regard to works at No. 31 Murdoch Street, Turramurra, a detached residential house, in a suburban street. The Appeal was subject to a s.34 conciliation conference on-site along with two other appeals, those two have been settled between the parties under s.34 (3)(a) of the Land and Environment Court Act 1979 and deal with matters related to this appeal. The Appeal was in regard to Council's refusal of a s.96 modification No. MOD0022/07 of DA 237/04 for alterations and additions to an existing house.