Attard v Ku-ring-gai Council [2009] NSWLEC 1070

Land and Environment Court of New South Wales

CITATION : Attard v Ku-ring-gai Council [2009] NSWLEC 1070

APPLICANT Alfred Attard PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10578 of 2008

CORAM: Moore C - Taylor C

KEY ISSUES: DEVELOPMENT APPLICATION :- Local heritage item

CASES CITED: Fortunate Investments Pty Ltd v North Sydney Council (2001) 114 LGERA 1

DATES OF HEARING: 2 December 2008 and 26 and 27 February 2009

DATE OF JUDGMENT: 10 March 2009

APPLICANT Mr T Robertson SC Mr G Newport, barrister INSTRUCTED BY Law & Planning LEGAL REPRESENTATIVES: RESPONDENT Mr C McEwen SC Mr M Staunton, barrister INSTRUCTED BY Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C TAYLOR C

10 March 2009

10578 of 2008 Alfred Attard v Ku-ring-gai Council

JUDGMENT Introduction 1 COMMISSIONERS: The house, known as Craignairn, is an imposing mansion standing on an allotment of more than 7000 m². The land is located on the corner of Burns Road and Cleveland Street, Wahroonga. Craignairn was built in the early 20th-century as a gentleman's residence and is the most western of a group of three houses, by the same architect, Howard Joseland, having frontages to Burns Road. Craignairn was severely damaged by fire in 1936 and was rebuilt to its original design following this damage.