Devenish-Meares v Ku-ring-gai Council [2010] NSWLEC 1142

Land and Environment Court of New South Wales

CITATION : Devenish-Meares v Ku-ring-gai Council [2010] NSWLEC 1142

APPLICANT Stephanie Devenish-Meares PARTIES : Stephen Devenish- Meares

RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10198 of 2010

CORAM: Fakes C

KEY ISSUES: DEVELOPMENT APPLICATION :- Tree retention and protection

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979

DATES OF HEARING: 16/06/2010

EX TEMPORE JUDGMENT DATE : 16 June 2010

Mr J Hones, soilicitor Hones La Hood LEGAL REPRESENTATIVES: Mr A Hudson, solicitor Wiltshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

16 June 2010

10198 of 2010 Devenish-Meares v Ku-ring-gai Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against a refusal by Ku-ring-gai Council (the council) of development application 580/09 for the demolition of an existing dwelling and the construction of a duel occupancy (dwellings one and two) at 10A Ivey Street Lindfield.

Background 2 This matter is stage 1 of a four-stage development. The other relevant matters are appeal 10199 of 2010 for stage 2 (DA0582/09) regarding a Torrens Title subdivision of the proposed duel occupancy in stage1; appeal 10200 of 2010 for stage 3 (DA0583/09) for construction of a third dwelling as a detached dual occupancy with dwelling two; and appeal 10203 of 2010 for stage 4 (DA0584/09) for a Torrens Title subdivision of dwellings two and three. The council states that there is non-compliance with statutory requirements for stages 2-4 as a result of stage 1 being refused. The remaining matters are yet to be determined.