Boyd v Ku ring gai Council [2012] NSWLEC 1111

Land and Environment Court New South Wales

Medium Neutral Citation: Boyd v Ku ring gai Council [2012] NSWLEC 1111 Hearing dates: 5 April 2012 Decision date: 20 April 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for a detached dual occupancy development at 95 Merrivale Lane, Turramurra, is refused. 3. The exhibits, except Exhibit 1, may be returned. Catchwords: DEVELOPMENT APPLICATION - detached dual occupancy. Adequacy of riparian zone and visual impact Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 53 Metropolitan Residential Development State Environmental Planning Policy (SEPP 53 Transitional Provisions) 2011 Ku ring gai Planning Scheme Ordinance Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: John Boyd (Applicant)

Ku ring gai Council (Respondent) Representation: Mr G Christmas (Applicant)

Mr A Hudson (Respondent) Apex Law (Applicant)

Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10866 of 2011

Judgment 1This is an appeal under the s97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Ku ring gai Council (council) of a development application (0618/10) for a detached dual occupancy development at 95 Merrivale Lane, Turramurra (site). 2The key issues in dispute between the parties are whether the riparian zone is adequate and whether the proposal will have an acceptable visual bulk when viewed from the adjoining property to the south.