Vanovac Tuon Architects Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1558

Land and Environment Court New South Wales

Medium Neutral Citation: Vanovac Tuon Architects Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1558 Hearing dates: 15,16 September 2016 Date of orders: 24 November 2016 Decision date: 24 November 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. DA0470/14 for the demolition of the existing buildings and the construction of 10 multi dwelling houses with associated parking at 34-36 Dumaresq Street, Gordon is refused. 3. The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing buildings and the construction of 10 multi dwelling houses with associated parking - inadequate street frontage width - non–compliant building setbacks - excessive site coverage - insufficient deep soil landscaping - isolation of adjoining site Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 Cases Cited: Cornerstone Property Group Pty Ltd v Warringah Council [2004] NSWLEC 189 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Melissa Grech v Auburn Council [2004] NSWLEC 40 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Category: Principal judgment Parties: Vanovac Tuon Architects Pty Ltd (Applicant) Ku-ring-gai Council.(Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Ms J McKelvey, barrister (Respondent)