Hart v Ku-ring-gai Council [2007] NSWLEC 352

Land and Environment Court of New South Wales

CITATION : Hart v Ku-ring-gai Council [2007] NSWLEC 352

APPLICANT Robert Hart PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10110 of 2007

CORAM: Murrell C

KEY ISSUES: Section 96 Application :- dual occupancy/carport, streetscape and heritage

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Local Environmental Plan 2000 Ku-ring-gai Planning Scheme Ordinance Ku-ring-gai Development Control Plan 38

DATES OF HEARING: 04/05/2007

EX TEMPORE JUDGMENT DATE : 4 May 2007

APPLICANT Mr R. Hart, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms C. Bracks, solicitor of Home Wilkinson, Lowry Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

4 May 2007

10110 of 2007 Robert Hart v Ku-ring-gai Council

JUDGMENT 1 This is an extempore judgment for a matter heard on site this morning against Ku-ring-gai Council's refusal of a s 96 application to modify the approval for a dual occupancy development. The premises the subject of this modification application is the property known as No. 23 Highfield Road, Lindfield.

2 By way of background the council granted approval for a dual occupancy development, subject to certain amendments that were subsequently incorporated into amended plans the subject of the formal approval for the dual occupancy development. One of the conditions was that the carport for house No 1, the subject dwelling be setback further from the street and a change to a flat roof (2 degree).