Taylor and Anor v Ku-ring-gai Council [2007] NSWLEC 423

Land and Environment Court of New South Wales

CITATION : Taylor and Anor v Ku-ring-gai Council [2007] NSWLEC 423

APPLICANT Lee MareeTaylor and Philip Thomas Taylor PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10376 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- Torrens Title subdivision into three lots, heritage

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

DATES OF HEARING: 29/06/2007

EX TEMPORE JUDGMENT DATE : 29 June 2007

APPLICANT Mr P. Taylor, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Hudson, solicitor and Ms K. Allen, solicitor of Wilshire Webb Staunton Beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

29 June 2007

10376 of 2007 Lee MareeTaylor and Philip Thomas Taylor 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. 275/05 which is for the Torrens Title subdivision of Lot 1 DP 518006 being No. 12 King Street, Turramurra into 3 Lots. These proposed lots have areas of 931 sq m, 1748 sq m, and 930 sq m being respectively referred to as Lots 1, 2 and 3. Lot 2, the larger of the 3 lots, is presently occupied by a two-storey dwelling house that is, under the Ku-ring-gai Planning Schemes Ordinance ("the PSO"), a listed heritage item of local significance. The site is situated at the end of King Street which provides access to proposed Lots 2 and 3, whereas Lot 1 will obtain access off Laurel Avenue.