NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Broockmann v Ku-ring-gai Council [2008] NSWLEC 1236
Applicant: William and Christine Broockmann PARTIES : Respondent: Ku-ring-gai Council
FILE NUMBER(S) : 10104 of 2008
CORAM: Roseth SC
KEY ISSUES: Development Application - Dual Occupancy :-
LEGISLATION CITED: State Environmental Planning Policy 53
DATES OF HEARING: 13 June 2008 and 16 June 2008
DATE OF JUDGMENT: 20 June 2008
Applicant: LEGAL REPRESENTATIVES: Mr S Kondilios, solicitor of Maddocks Lawyers Respondent: Mrs L Finn, solicitor of HWL Lawyers
JUDGMENT: - 8 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
20 June 2008
10104 of 2008 William & Christine Broockmann v Ku-ring-gai Council
JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Ku-ring-gai Council of a development application to demolish the swimming pool and garage and construct a detached two-storey dual occupancy dwelling on lot 9, section C, DP7928, known as 18 Bromborough Road, Roseville.
The site 2 The site is on the southwest corner of the intersection of Bromborough Road and Alston Way. Its area is 929m2. A two-storey house, garage and swimming pool now occupy it. The house is set back 18m from Bromborough Road, which is the reason for the council's opinion that dual occupancy on this site is appropriate only if the existing house is demolished and replaced with one closer to the street (and therefore further from the rear boundary). A tall Himalayan Cedar occupies much of the front yard. `At the rear of the site is a single-storey structure that appears like a three car garage, though it has space for only one car. 3 The allotments in the locality are similar in size and character to the subject site, as are the houses on them. To the west the houses have similar large setbacks. To the east of Alston Way the setbacks appear somewhat smaller. Immediately to the west is 20 Bromborough Road, while to the east, on the opposite corner of Alston Way, is No 16. The neighbour to the south is 35 Shirley Road.
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