Stackhouse v Ku-ring-gai Council [2012] NSWLEC 1322

Land and Environment Court New South Wales

Medium Neutral Citation: Stackhouse v Ku-ring-gai Council [2012] NSWLEC 1322 Hearing dates: 22 November 2012 Decision date: 23 November 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld in part. 2. Development Application (DA0120/12) for the construction of a carport at the front of an existing dwelling and the demolition of an existing driveway and manoeuvring area at 4 Braemar Place, Roseville is approved, subject to the conditions in Annexure A. 3. The exhibits, other than exhibits 2, A and B are returned. Catchwords: DEVELOPMENT APPLICATION: streetscape and parking safety. Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordinance Land and Environment Court Act 1979; Category: Principal judgment Parties: Helen Stackhouse (Applicant)

Ku-ring-gai Council (Respondent) Representation: Solicitors Mr S Kondilios Maddocks Lawyers (Applicant)

Mr T Flaherty Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10972 of 2012

Judgment 1This is an appeal against the refusal by Ku ring gai Council (the council) of a development application (DA0120/12) under the Environmental Planning and Assessment Act 1979 (EPA Act) for the construction of a carport at the front of an existing dwelling and the demolition of an existing driveway and manoeuvring area at 4 Braemar Place, Roseville (site). 2The matter was heard on site under the provisions of s 34AA(2)(b)(i) of the Land and Environment Court Act 1979 (the LEC Act) as the parties failed to reach an agreement during the conciliation conference. The key issue between the parties is whether the proposed carport will adversely impact upon the streetscape and character of Braemar Place.