Williams v Ku-ring-gai Council [2007] NSWLEC 378

Land and Environment Court of New South Wales

CITATION : Williams v Ku-ring-gai Council [2007] NSWLEC 378

PARTIES : APPLICANT Ross Williams v Ku-ring-gai Council

FILE NUMBER(S) : 10052 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- residential flat building, carparking, retention of trees, building setbacks, resident objections, urban design.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance Ku-ring-gai Development Control Plan No. 55 State Environmental Planning Policy No 1 - Development Standards

DATES OF HEARING: 06/06/2007

EX TEMPORE JUDGMENT DATE : 6 June 2007

APPLICANT Mr S. Kondilios, solicitor of Maddocks LEGAL REPRESENTATIVES:

RESPONDENT Ms C. Bracks, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

6 June 2007

10052 of 2007 Ross Williams v Ku-ring-gai Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal relates to Development Application No. 5073/06 which is for the demolition of an existing dwelling house and the removal of a number of trees and the construction of a 3-storey residential flat building comprising five dwellings with basement car parking at 10 Shinfield Avenue, St Ives, being lot B in DP383466. The site is triangular in shape with a frontage of 42 m to Shinfield Avenue and an area of 1,267 sq m.