Knight v Ku-ring-gai Council [2007] NSWLEC 852

Land and Environment Court of New South Wales

CITATION : Knight v Ku-ring-gai Council [2007] NSWLEC 852

APPLICANT Peter Knight PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10813 of 2007 and 10815 of 2007

CORAM: Hussey C

KEY ISSUES: Dual Occupancy - Subdivision :- Proximity to creek, flooding, riparian zone, setbacks, access via Right of Way.

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

DATES OF HEARING: 23/10/2007 and 21/12/2007

EX TEMPORE JUDGMENT DATE : 21 December 2007

APPLICANT Ms Marshall-McClelland, agent

LEGAL REPRESENTATIVES: RESPONDENT Ms L. Finn, solicitor of Home Wilkinson Lowry Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

21 December 2007

10813 of 2007 Peter Knight v Ku-ring-gai Council 10815 of 2007

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication.

Background. 1 These proceedings involve the following two appeals that were heard concurrently, relative to a dual occupancy development application at 93 Eastern Road, Turramurra: i) Appeal No 10813/2007; An appeal against Councils' refusal of a 2-lot residential subdivision arising from the dual occupancy development and proposing the creation of: * Lot 1; fronting Eastern Road and having an area of approximately 597 sq m, and * Lot 2; fronting the ROW and having an area of approximately 931 sq m. ii) Appeal No 108515/2007; An appeal against a detached dual occupancy application, involving the demolition of the existing dwelling on the site and construction of new 2-storey dwellings on each of the new lots.