Willis v Ku-ring-gai Council [2009] NSWLEC 1378

Land and Environment Court of New South Wales

CITATION : Willis v Ku-ring-gai Council [2009] NSWLEC 1378

APPLICANT Greg Willis PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10511 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT CONSENT :- Setback, Condition unreasonable

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordinance

DATES OF HEARING: 17 November 2009

EX TEMPORE JUDGMENT DATE : 17 November 2009

APPLICANT Mr A Hudson (solicitor) SOLICITOR Wilshire Webb Staunton Beattie Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr S Kondilios (solicitor) SOLICITOR Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

17 November 2009

10511 of 2009 Greg Willis v Ku-ring-gai Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

Background 1 This appeal relates to the setback of a garage for 2 cars + boat space at 83 Merrivale road, Pymble. The garage is to be used in conjunction with a recently developed dwelling house and the garage is located on the eastern side of the lot. It is forward of the dwelling and intrudes into the designated building setback.

2 Council conditionally approved the development application for the garage. Condition 1 required the garage to be set back a further 1.5m from the road boundary. The proposal is for the garage to have an 11.38m setback, whereby the controls stipulate a minimum setback of at least 12m, or compliance with the averaging of neighbouring property setbacks.