Kelly v Ku-ring-gai Council [2012] NSWLEC 1336

Land and Environment Court New South Wales

Medium Neutral Citation: Kelly v Ku-ring-gai Council [2012] NSWLEC 1336 Hearing dates: 7 December 2012 Decision date: 07 December 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld, in part. 2. The order issued by the Respondent on 10 July 2012 is amended in the following respects: (a) The timber side boundary fence on the boundary common with the public walkway is to be lowered to a maximum height of 1800 mm behind the existing building line. (b) The timber side boundary fence common with the public walkway is to be scaled down from the building line to just above the post on the existing fence at the street frontage. (c) The work at the subject of the order is to be completed within 3 months of the date of these orders. 3. No order as to costs. Catchwords: CONSENT ORDERS: appeal against order requiring amendments to height of side boundary fence Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Residential Design Manual Development Control Plan No. 38 Practice Note Class 1 Development Appeals State Environmental Planning Policy (Exempt and Complying Development Codes) Category: Principal judgment Parties: Brent Kelly and Lisa Kelly (Applicants) Ku-ring-gai Council (Respondent) Representation: Mr K Williams, solicitor (Applicants) Mrs L Finn, solicitor (Respondent) Solicitors A.C.Knibb Kaine & Associates (Applicants) HWL Ebsworth Lawyers (Respondent) File Number(s): 10804 of 2012