Blake v Ku-ring-gai Council

Land and Environment Court New South Wales Medium Neutral Citation: Blake v Ku-ring-gai Council [2016] NSWLEC 1265 Hearing dates:7-9 June 2016Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is dismissed.2. Development Application No. 442/14 for demolition of existing structures and construction of a multi-dwelling housing development consisting of six townhouses over basement parking at 7 Duff Street, Turramurra, is refused.3. The exhibits, other than exhibit 6 and S, are returned. Catchwords: DEVELOPMENT APPLICATION: multi-dwelling housing development; impact on trees and biodiversity; internal amenity; economic and orderly development of adjoining site. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Mr Peter Blake (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr A. Pickles SC (Applicant) Ms J. Reid barrister (Respondent) Solicitors: Apex Planning and Environmental Law (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):2016/162142 (formerly 10744 of 2015)Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 442/14 for the demolition of existing structures and construction of multi-dwelling housing development consisting of six townhouses over two levels of basement parking (the proposal) at 7 Duff Street, Turramurra (the site) by Ku-ring-gai Council (the Council). The appeal was subject to mandatory conciliation on 1 December 2015, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement...