Kaligem Pty Ltd v Ku-ring-gai Council [2007] NSWLEC 825

Land and Environment Court of New South Wales

CITATION : Kaligem Pty Ltd v Ku-ring-gai Council [2007] NSWLEC 825

APPLICANT Kaligem Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10600 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Application :- Construction of a 5-Storey residential flat building, landscaping, car parking, deep soil provision, streetscape, adjoining heritage item, zone interface.

Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 1 LEGISLATION CITED: State Environmental Planning Policy No. 65 - Design quality of residential flat development Ku-ring-gai Planning Scheme Ordinance Development Control Plan No. 55 - Railway/Pacific Highway Corridor & St Ives Centre Development Control Plan No. 40 - Construction and Demolition Waste Management

DATES OF HEARING: 12-14/11/2007

DATE OF JUDGMENT: 19 December 2007

APPLICANT Mr Green, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

19 December 2007

10600 of 2007 Kaligem v Ku-ring-gai Council

JUDGMENT 1 This is a Class 1 appeal no. 10600 of 2007 between Kaligem Pty Ltd and Ku-ring-gai Council in regard to the refusal of a development at Nos 1-9 Buckingham Rd, Killara, on the corner with the Pacific Highway. The proposal includes: o Demolition of the existing four residences situated on each allotment, including the removal of outbuildings, two swimming pools, the felling of trees and the removal of driveways and other paved areas. o The construction of a 5 storey residential flat building consisting of a single building constructed as a dual core or split level design with two entry foyers. The building comprises a single level of basement car parking with 57 parking spaces for residents and 9 visitor parking spaces (inclusive of 4 disabled parking spaces), storage areas and garbage collection room. The proposed units are situated over 5 levels and consist of 6 x 1 Bedroom apartments, 12 x 2 Bedroom apartments and 18 x 3 Bedroom apartments. o Landscape works including the removal of twenty seven (27) trees and tree replenishment including an additional thirty-seven (37) trees. o Associated site works including the construction of a variable width driveway and crossover that go beneath the reconstructed public footpath into the basement, new retaining walls and garden beds, construction of a boundary fencing along Buckingham Road and Pacific Highway and drainage works. The proposal as amended 2 The amended development application seeks consent for the demolition of existing structures and the construction of a residential flat development comprising 36 units, basement car parking for 66 vehicles and associated drainage works and landscaping.