Griffin And Anor v Ku-ring-gai Council [2007] NSWLEC 319

Land and Environment Court of New South Wales

CITATION : Griffin And Anor v Ku-ring-gai Council [2007] NSWLEC 319

APPLICANT Patrick Griffin and Katherine Mulcahy PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11178 of 2006

CORAM: Hoffman C

KEY ISSUES: Development Application :- subdivision below minimum lot size, setbacks, private open space, tree preservation, landscape, streetscape, character of locality

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance State Environmental Planning Policy No 1

DATES OF HEARING: 15/05/2007 and 16/05/2007

EX TEMPORE JUDGMENT DATE : 16 May 2007

APPLICANT Mr Clay, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr Hudson, solicitor of Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

K G Hoffman

16 May 2007

11178 of 2006 Patrick Griffin And Anor v Ku-ring-gai Council

JUDGMENT 1 This is a Class 1 Appeal No 11178 of 2006 between Patrick Griffen, Katherine Mulcahy and Ku-ring-gai Council in regard to the refusal of a subdivision application at No's 19 and 21 Duff Street, Turramurra.

2 The hearing was listed for a view on site, evidence from the objectors on site, then returning to Court. The parties agreed that the hearing could best be done by hearing all evidence on site, and I allowed that proposal. The two lots each have an existing house up at the Duff Street frontage.