Williams v Ku-ring-gai Municipal Council [2017] NSWLEC 1098

Land and Environment Court New South Wales

Medium Neutral Citation: Williams v Ku-ring-gai Municipal Council [2017] NSWLEC 1098 Hearing dates: 15 February 2017 Date of orders: 01 March 2017 Decision date: 01 March 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are:

1) The objection pursuant to cl 4.6 of the Ku ring gai Local Environmental Plan 2015 is not sustained; 2) The appeal is dismissed; 3) Development application DA/0309/16 for the enclosure of a laundry/ patio landing to create a ground floor study and the addition of a ground floor sun room off the existing meals room at 2 Carina Road, Turramurra is refused; 4) The exhibits are returned with the exception of exhibit 1, and the Class 1 application bundle filed on 28 October 2016. Catchwords: DEVELOPMENT APPEAL: under s97(1) against refusal of alterations and additions – acceptability of clause 4.6 variation request – variation request contains error – compatibility of development with character – consideration of impact of development. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 53: Metropolitan Residential Development Cases Cited: Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGERA 21 Wehbe v Pittwater Council [2007] NSWLEC 827 Moskovic v Waverley Council [2016] NSWLEC 1015 Texts Cited: Nil Category: Principal judgment Parties: Elizabeth Williams (Applicant) Ku ring gai Municipal Council (Respondent) Representation: Solicitors: M. Arch, Concordia Pacific (Applicant) A. Hudson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/ 0322485 Publication restriction: No