Hart -v- Ku Ring Gai Council (No. 2) [2012] NSWLEC 1193

Land and Environment Court New South Wales

Medium Neutral Citation: Hart -v- Ku Ring Gai Council (No. 2) [2012] NSWLEC 1193 Hearing dates: 4 April 2012 Decision date: 05 April 2012 Jurisdiction: Class 1 Before: Tuor C Decision: In relation to Appeal No. 11260 of 2001, the Court orders by consent: 1. The appeal is upheld. 2. Development application number DA 0170/11 for demolition of a studio/garage and construction of a new dwelling as a dual occupancy development is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits 2, 3 and F, may be returned. The Court notes each party is to bear their own costs of the proceedings (excluding the orders made by the Court pursuant to s 97B of the Environmental Planning and Assessment Act 1979 on 2 February 2012 and 23 March 2012). In relation to Appeal No.11259 of 2011, the Court orders by consent: 1. The appeal is upheld. 2. Development Application No. DA 0180/11 for torrens title subdivision of an approved dual occupancy development (DA 0170/11) is approved subject to conditions in Annexure A. 3. The exhibits, except Exhibits 1 and O, may be returned. The Court notes that each party is to bear their own costs of the proceedings. Catchwords: DEVELOPMENT APPLICATION - Dual occupancy and subdivision. Consent Orders. Matters raised by objector - heritage, privacy, height and bulk, compliance with planning controls. Legislation Cited: Environmental Planning and Assessment Act 1979 Land & Environment Court Act 1979 State Environmental Planning Policy 53 State Environmental Planning Policy 53 - Transitional Provisions Interim Development Order 78 Category: Principal judgment Parties: Robert Hart (Applicant)