Foreman v Council of the Municipality of Ku-Ring-Gai [1989] NSWLEC 201

Land and Environment Court of New South Wales

CITATION : Foreman v Council of the Municipality of Ku-Ring-Gai [1989] NSWLEC 201 APPLICANT Foreman PARTIES : RESPONDENT Council of the Municipality of Ku-Ring-Gai FILE NUMBER(S) : 20389 of 1988 CORAM: Cripps J KEY ISSUES: :- Local Government Act LEGISLATION CITED: Environmental Planning and Assessment Act Local and Environment Court Act Azzopardi v Tasman UEB Industries Limited 1985 4 NSWLR 139); Guven v Goodyear Tyre and Rubber Company (Aust) Limited Court of Appeal unreported December 1987); CASES CITED: Haines v Leves & Anor 1987 8 NSWLR 442; Warley Pty Limited v Adco Constructions Pty Limited (Court of Appeal 21 October 1988 unreported); Randwick Municipal Council v Effee Manousaki 26 September 1988 Court of Appeal unreported). ; Soulemezis v Dudley (Holdings) Pty Limited 10 NSWLR (1987) 247) DATES OF HEARING: DATE OF JUDGMENT: 06/01/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: On 2 August 1988, the appellant appealed to the Court in its Class 2 jurisdiction against the deemed refusal of the Ku-ring-gai Council to give building approval for the construction of a tennis court on her land at 10 Marion Street, Killara.

The matter came on for hearing before Assessor Stewart on 31 October 1988. The Council claimed that the land was unsuitable because of its slope; that the court would be too close to the boundaries of the land and that its construction would result in a loss of trees. The hearing extended over a period of three days and on 4 November 1988, the Assessor dismissed the appeal and published his reasons. I set out the Assessor's reasons: