Zaki v Ku-ring-gai Council [2013] NSWLEC 1011

Land and Environment Court New South Wales

Medium Neutral Citation: Zaki v Ku-ring-gai Council [2013] NSWLEC 1011 Hearing dates: 20-21 August 2012. Further submissions filed up to 26 September 2012. Decision date: 18 January 2013 Jurisdiction: Class 1 Before: Tuor C Decision: See paragraph 56 Catchwords: DEVELOPMENT APPLICATION - child care centre, tree loss, streetscape, internal amenity, impact of development on residential amenity, particularly noise, conditions of consent and costs. Legislation Cited: Environmental Planning and Assessment Act 1979 Ku ring gai Planning Scheme Ordinance Land and Environment Court Act 1979. Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Futurespace Pty Ltd v Ku ring gai Council [2009] NSWLEC 153 Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Staldone Corporation Pty Ltd v Ku ring gai Council [2012] NSWLEC 1055 Category: Principal judgment Parties: Carlos Zaki (Applicant)

Ku-ring-gai Council (Respondent) Representation: Counsel Mr M Staunton (Applicant) Solicitors Mr C Gough Storey & Gough Lawyers (Applicant)

Mr A Zoppo Sparke Helmore (Respondent) File Number(s): 10054 of 2012

Judgment

1This is an appeal against the refusal, by Ku-ring-gai Council (council), of development application (DA0671/11) under the Environmental Planning and Assessment Act 1979 (EPA Act) for the demolition of an existing dwelling and the construction of a 78 place childcare centre with basement parking for 22 vehicles at 5 Manning Road, Killara (site). 2The issues in the case are whether the development will detrimentally impact on the landscaped character of the area; is incompatible with the streetscape; provides an appropriate level of internal amenity; will have unacceptable amenity impacts on adjoining properties, particularly in terms of noise. The parties also disagree on conditions and whether an order for costs under s 97 B of the EPA Act should be made.