Muzi v Ku-ring-gai Council [2018] NSWLEC 1428

Land and Environment Court New South Wales

Medium Neutral Citation: Muzi v Ku-ring-gai Council [2018] NSWLEC 1428 Hearing dates: 7 August 2018 Date of orders: 15 August 2018 Decision date: 15 August 2018 Jurisdiction: Class 1 Before: Bish C Decision: The Orders of the Court are: (1) The appeal is upheld. (2) Amended Development Application DA0193/16 for a two storey dwelling at Lot 11 DP 700720, known as 4 Jacana Close, Wahroonga is approved, subject to the conditions in Annexure A. (3) The Exhibits, except Exhibits 1, A, B, C, E, G, J, K and L, are returned. Catchwords: DEVELOPMENT APPLICATION: two storey dwelling; geotechnical risk; environmental sensitivity; bush fire. Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Development Control Plan 2016 Ku-ring-gai Local Environment Plan 2015 Land and Environment Court Act 1979 Category: Principal judgment Parties: Damian Muzi (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Dr J Smith (Respondent)

Solicitors: P Vergotis, McCabes Lawyers (Applicant) Hones Lawyers (Respondent) File Number(s): 17/214737 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against refusal of amended Development Application DA0193/16 for a two storey dwelling at Lot 11 DP 700720, known as 4 Jacana Close, Wahroonga (hereafter the site). 2. The site is rectangular in shape with a frontage to Jacana Close of 23.1 m and a total area of 92 m2. 3. A significant feature of the site is the steep north-south trending escarpment located 20 m from the street frontage, which consists of sandstone boulders at various angles due to faulting and fractures within the rock. The rock face of the escarpment is relatively steep with a fall in elevation to the remainder of the site at the rear of the property, where remnant bushland vegetation dominates. 4. The eastern portion of Jacana Close is defined by the sandstone escarpment, with dwellings either side of the site, setback and designed to accommodate the limitations of the escarpment.