Antony Katter v Ku-ring-gai Council - [2005] NSWLEC 310

No judgment structure available for this case.

Land and Environment Court

of New South Wales

CITATION:
Antony Katter v Ku-ring-gai Council [2005] NSWLEC 310

PARTIES:
APPLICANT:
Antony Katter
RESPONDENT:
Ku-ring-gai Council

FILE NUMBER(S):
10293 of 2005

CORAM:
Watts C at 1

KEY ISSUES:
Development Application :- Character of the locality and streetscape
signage and car parking

LEGISLATION CITED:
Ku-ring-gai Planning Scheme Ordinance 1971, (KPSO) - Environmental Planning and Assessment Act 1979, ss 79C and 106-8.

DATES OF HEARING: 09/06/2005

EX TEMPORE JUDGMENT DATE:
06/09/2005

LEGAL REPRESENTATIVES:
APPLICANT:
Mr S Klinger, solicitor
SOLICITORS:
Steven Klinger
RESPONDENT:
Mr C T Drury, solicitor
SOLICITORS:
Phillips Fox

JUDGMENT:

Appeal No: 10293 of 2005

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Watts C

9 June 2005

10293 of 2005 - Antony Katter v Ku-ring-gai Council

JUDGMENT

Environmental Planning and Assessment Act 1979,

The land
4 The land is situated on the northwestern side of the Pacific Highway.
5 The site at No 544 Pacific Highway is generally rectangular in shape, with a frontage of 26.14m and depth of 34.28m and an area of some 938.8m2. The site falls from the highway down towards the Killara Golf Club at the rear. Erected on this site is a service station with ten (10) workshop bays and car repair workshop.
6 Abutting to the south is No 542 Pacific Highway that was not identified on the printed form of the development application, although works are proposed here that have been described in the statement of environmental effects and the accompanying plans. This site has an area of some 909.4m2 and is trapezoidal in shape with a frontage of 27.48m and a depth on the northwestern side of 34.28m and on the northeastern side of 38.38m. This site falls from the street to the rear southern corner. Erected on this site is a single-storey and two-storey dwelling with a concrete apron at the front currently used for access and parking. No 542 Pacific Highway has a well-vegetated front setback and lends a landscaped character to the highway.
7 The site at No 544 Pacific Highway is within a residential zone that has the character of a commercial and retail precinct. Nearby are single-storey and two-storey dwellings in landscaped front gardens. Opposite the site are residential flat buildings and single dwellings, in landscaped settings.
8 Along the northern side of the subject site is the ‘Black Stump’ restaurant at No 552 Pacific Highway, a pool shop, entry to Killara Golf Club. There is residential development further to the north. A right of carriageway provides shared access to the workshop and the restaurant.

Relevant planning controls

Ku-ring-gai Planning Scheme Ordinance 1971, (KPSO)
9 Under the provisions of the KPSO the site is zoned Residential 2(d3) and the proposal is permissible with consent.
10 Other planning controls include:
· State Environmental Planning Policy No 11 - Traffic Generating Development;
· Development Control Plan 43 Car Parking
· Development Control Plan 40 Waste Management
· State Environmental Planning Policy No 55 - Remediation of Land
· Environmental Planning and Assessment Act 1979, ss 79C and 106-8.

The proposal and its history
11 Development application No 76/05 was lodged with the respondent council on 1 February 2005, to alter and add to the existing service station including a new office at No 544 Pacific Highway, Killara. However, it was not until 13 April 2005 when the applicant sent in a cheque for fees needed for integrated development that processing formally commenced. On 26 April 2005 the RTA confirmed that the proposal is not integrated development.
12 The proposal is described in plans prepared by Architex, dated 22 December 2004 Drawings Nos DA01 – 8.
13 It is also proposed to construct an office, fence and landscaping with signage at No 544 Pacific Highway and to widen an existing driveway, build a retaining wall, and provide new fencing, at No 542 Pacific Highway. The proposal includes the following:
14 On the subject site, 544 Pacific Highway it is proposed to:
· Demolish the shed to the west of the existing office and reception area;
· Add an office administration area at this level with a glass wall behind steel roller shutters facing the highway.
· Add stairs to give access to the lower workshops.
· Alter toilet facilities;
· Add metal sun-louvres on all the windows to the south at this level.
· Add access to the lower floor workshop is provided by stairs;
· Widen the awning over the bowser area;
· Remove an existing tank;
· Add a roof terrace above the office;
· Add signs to the awning, and a pole sign at the front of the site; and
· Add a timber screen beside the right of way beside the ‘Black Stump’.
15 On the adjoining site at No 542 Pacific Highway it is proposed to:
· Widen the driveway across the front of the site such that the concrete apron will be 24 metres wide and construct a new 15m crossing to the Pacific Highway;
· Add new retaining walls and path;
· Remove three trees in the front setback; and
· Construct a 1.8m fence on top of the new retaining wall.
16 When completed the setbacks to the office would be 7.6m to front boundary (Pacific Highway) and 250mm to southern boundary.
17 The proposal for the retaining wall on No 542 Pacific Highway would be likely to adversely impact the Eucalyptus pilularis (Blackbutt), near the northern boundary of No 542 Pacific Highway. The retaining wall on that adjoining neighbouring site, would be 3.5m to centre of the trunk of Eucalyptus pilularis.
18 A statement of environmental effects prepared by Architex, dated 24 January 2005, accompanied the application.
19 Other plans in the development application included:
· Detail and levels, reference 1843DET, prepared by Usher & Co. P/L dated 22 November 2004.
· Survey report, reference 6471, prepared by Ian Pidcock P/L dated 4 June 2004.

Notification
20 The application was notified on 14 February 2005 for 14 working days, to nearby owners and occupants and the council received no objections.
21 On 9 February 2005 the development application was referred to other departments in the council.

The council’s decision
22 By notice dated 4 May 2005 the council formally refused the application.

The hearing
23 The appeal was filed on 5 April 2005.
24 At the hearing Ms T Southwell, Town Planner, Ku-ring-gai Council assisted and prepared the statement of basic facts.

The issues
25 On 4 May 2005 the council filed a statement of issues.
1. Character and amenity - The proposed development will have a negative impact on the character of the locality and streetscape. The encroachment of the service station use (access and parking) on the residential site at No. 542 Pacific Highway will have a negative impact on the amenity of the residents. The proposed concrete apron and 1.8 metre high fence are not consistent with the landscaped character of the residential area. Combined with the proposed office building on the boundary, they result in an undue visual imposition of the built form on the residents of 542 Pacific Highway. The proposal prevents adequate vehicular access to the garage at No. 542 Pacific Highway. No accessible on-site parking is provided for No. 542. Two parking spaces are required for a dwelling. The proposed freestanding sign is to be 6.3m in height, which protrudes above the height of the existing and proposed development, and would therefore adversely impact upon the residential character of the locality. (KPSO clauses 25D(2) (b), (d) and (o), DCP 43(Car parking) clause 3.1, SEPP 64 clause 23(1), EPA Act section 79C(1)(b))
2. Permissibility of development - So much of the proposed development sought to be carried out upon 542 Pacific Highway is prohibited. (KPSO clause 23)
3. Tree - The setback from the proposed retaining wall on No. 542 Pacific Highway to the Eucalyptus pilularis (Blackbutt) near the common boundary, is inadequate. The setback to the footings should be outside the primary root zone of the tree and the levels under the canopy of the tree should be retained.
4. Car parking for service station/car repair workshop - The proposal does not indicate how many car parking spaces are provided or where car parking spaces are to be located. Based on the RTA Guide to Traffic Generating Development and DCP 43, the Service Station would require an off-street parking provision of a minimum of 60 parking spaces (specified as 6 spaces per work bay, 10 work bays provided). The proposal will remove car parking spaces to the west of the bowsers, thereby reducing the already inadequate parking on the site. The proposed additional floor area increases the demand for on site parking and no additional car parking spaces have been provided. (DCP 43 clause 3.1, EPA Act section 79C(1)(b),(c)).
5. Isolation of residential site- The proposal will prevent the economic and orderly development of No. 542 Pacific Highway by cutting off vehicular access to this site. (KPSO clause 25C (1)(b), EPA Act section 79C(1)(c)).
6. Inadequate and inaccurate information -The application fails to identify required details in relation to the site at 542 Pacific Highway, including details of Lot and DP, details of built upon area, adequate levels, and details of proposed access and parking for the site. The shadow diagrams have been calculated from an inaccurate north point and are therefore incorrect. The Respondent is as such not in a position to adequately assess the extent of overshadowing of No. 542 Pacific Highway; The plans do not show adequate detail and levels to assess the impacts of the proposal on the Blackbutt near the common boundary of No. 542, or the impact on the amenity of the residents; There is inadequate information in regard to the disposal of waste from the demolition and excavation; There is inadequate information on the method proposed to prevent spillage of fuels from entering the stormwater system across the proposed right of way; There is inadequate information on the colour and finishes of the proposed signage and office building.
7. The respondent submits that issues 3 and 6 can be resolved by conditions of consent in the circumstances of the case.
26 The salient issue is the impact of the proposal on the character of the locality and streetscape.

The evidence and findings
27 The parties agreed that No 542 Pacific Highway should be excluded from consideration, at this time, as existing use rights for that site have not been proven although without concession on the applicant’s part.
28 The parties agreed that only those works proposed on No 544 Pacific Highway should be considered at this stage. The merit issues relating to this site were the erection of a 6.2m-high-illuminated pylon sign and car parking. The character of the locality and streetscape was previously a concern of the council should the site at No 542 Pacific Highway be included in the development application. As no works are now proposed on that site and no trees are to be removed, the parties agreed there was now no longer any significant issue with regard to streetscape except for the signage on No 544 Pacific Highway.

Sign
29 It is proposed to erect a 6.2m-high-illuminated pylon sign near the front boundary of the site at No 544 Pacific Highway as shown in the plans. The council sought to have the sign reduced in height to 4m in height in order to better protect the residential amenity. I have carefully examined the proposal and have concluded that the sign as presently proposed is appropriate in the locality, however it should not be illuminated between the hours of 9.00pm and 6.00am in order to reduce glare at residential properties nearby at night. A condition is to be included to this effect. I would not refuse the application for reason of the height, location and illumination of the proposed sign.
30 The proposal to erect the above pylon sign and the provision of a garden bed at its base would of necessity remove one car parking space. I am of the opinion that space should be replaced on-site if approval were granted.

Car parking
31 Four (4) car parking spaces would be removed by the erection of the proposed office and the pylon sign. During the course of the hearing the applicant agreed to provide those spaces in four (4) mechanical stackers each providing two (2) car parking spaces, located in that area presently set aside for four (4) car parking spaces on the western side of the lower ground floor workshop area.
32 With the inclusion of a condition to this effect there would not be a reduction in the number of car parking spaces on site. As a result I am satisfied that the status quo in car parking would be maintained and the proposed works may be approved.
33 For the above reasons, the appeal is upheld.

Conditions
34 The conditions are those forwarded to the Court electronically. Some of these conditions were amended and some were added to by consent.
35 Condition 25 has been added:

This consent does not approve the carrying out of any development upon No 542 Pacific Highway, Killara.

To maintain the residential character of the locality, the freestanding sign proposed on the front boundary is to be a maximum of 6.2 metres high. The sign shall not be illuminated between the hours of 9.00pm and 6.00am. Details, including proposed colours and materials, are to be provided to the satisfaction of the Principal Certifying Authority prior to the release of the Construction Certificate.

The applicant shall provide four (4) mechanical stackers each providing two (2) car parking spaces, to be located in that area presently set aside for four (4) car parking spaces on the western side of the lower ground floor workshop area. Details are to be provided to the Principle Certifying Authority, prior to the release of the Construction Certificate. Any proposal to increase any roof levels shall require further application.

Orders
38 My orders are:
1. The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.

2. Development application No 76/05 lodged with the respondent council on 1 February 2005, to alter and add to the existing service station including a new office at Part Lot A DP 412102 being No 544 Pacific Highway, Killara, is approved subject to Conditions 1 to 84 in Annexure A.

3. The documents are retained except for the council’s bundle of documents that is returned.

4. No order as to costs.

S J Watts
Commissioner of the Court
sw

Annexure A

Antony Katter v Ku-ring-gai Council

Premises: No 544 Pacific Highway, Killara
Development Application No: 76/05
Proposal: alterations and additions to service station including change of access

GENERAL CONDITIONS

Whilst work on Saturdays may be performed until 5.30pm, such work or any associated activities shall not involve the use of any noise generating processes or equipment.

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

The requirements and standards imposed by the Authority, its consultants or contractors shall be complied with.

A person taking down or demolishing or causing to be taken down or demolished any building or portion of any building shall:
(a) cause the windows or other openings in the external walls to be close boarded or otherwise covered;
(b) cause screens of canvas, hessian, boards, mats or other suitable material to be fitted in appropriate locations;
(c) cause areas, components and debris to be wetted down; in such a manner as to minimise, as far as practicable, the nuisance arising from the escape of dust during such taking down or demolition.
(b) Such person shall not chute, throw or let fall or cause to chute, throw or let fall from the floor to floor or into any basement of such building any building materials or any other matter so as to cause dust to escape from the building or cause any such material to fall or cast upon a public way to the annoyance, inconvenience, or danger of persons using such public way.
21 For the purpose of health and amenity, effective measures are to be taken at all times to prevent any nuisance being caused by noise, vibrations, smells, fumes, dust, smoke, waste water products and the like.
22 To prevent pollution, all vehicles making a delivery to or from the site are to be covered to prevent loose materials, dust etc falling from the vehicles.
23 Parking for service station use on the accessway across No 542 Pacific Highway is prohibited.
24 The buildings shall not be used or occupied until an Occupation Certificate has been issued.
25 This consent does not approve the carrying out of any development upon No 542 Pacific Highway, Killara.
26 The applicant shall construct the proposed 15m wide driveway in accordance with the site plan (Dwg No: DAO1, Issue A, Dated 22/12/2004).
27 The design and construction of the gutter crossing shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA’s Project Services Manager, Traffic Projects Section, Blacktown (Ph 02 8814 2144).
28 Any redundant driveways along the Pacific Highway frontage of the subject site are to be removed and kerb and gutter (Type SA) reinstated to match existing.
29 All works associated with the proposed development shall be at no cost to the RTA.
30 The layout of the car parking areas associated with the subject development (including, driveways, turn paths, aisle widths, grades, and sight distance requirements) should be in accordance with AS 2890.1-2004.
31 Stormwater runoff from new hard surfaces generating runoff located at the front of the site and able to drain by gravity to the street shall be directed/piped to the street drainage system. New drainage line connections to the street drainage system must conform and comply with the requirements described in sections 5.3 and 5.4 of Ku-ring-gai Council Water Management Development Control Plan 47. The Applicants attention is directed to the requirements for obtaining a Road Opening Permit for excavating in the road reserve.
32 Stormwater runoff from new hard surfaces generating runoff that are not able to drain to the street frontage shall be discharged via the existing site drainage system. The installation of any new drainage system components must be completed by a licensed contractor in accordance with AS3500.3 (Plumbing Code) and the BCA. No stormwater runoff is to be placed into the Sydney Water sewer system. If an illegal sewer connection is found during construction, the drainage system must be rectified to the satisfaction of Council and Sydney Water.
33 To manage surface runoff all new exposed impervious areas graded towards adjacent property and/or habitable areas are to be drained via the main drainage system. This may require the installation of suitable inlets pits, cut-off structures (e.g. kerb), and/or barriers that direct such runoff to the formal drainage system. Details for such measures shall be shown on the approved Construction Certificate issue drawings, to the satisfaction of the Principal Certifying Authority.
34 For stormwater control a 200mm wide grated drain with heavy duty removable galvanized grates is to be located within the property at the intersection of the driveway and Council's footway to collect all surface water flowing down the driveway. The drainage line from the grated drain shall be connected to the street system, either separately or via the main site outlet.
35 Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the Applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.
36 All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials and plant must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site. Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.
37 The provision of temporary sediment and erosion control facilities and measures must be installed, prior to the commencement of any works on the site to eliminate unnecessary erosion and loss of sediment. These facilities must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm, and/or as directed by the Principal Certifying Authority and Council officers.
38 During construction, stormwater runoff must be disposed of in a controlled manner that is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to manage and control runoff as far as the approved point of stormwater discharge. Such measures shall be to the satisfaction of the Principal Certifying Authority.
39 The proposed right-of-carriageway extension shall be aligned/graded to ensure that any surface stormwater drains to Pacific Highway.
40 To conserve water, the following shall be installed in the new bathroom and toilet:
(c) maximum 6/3 litre dual flush cisterns;
(d) shower heads with reduced water flow devices.
41 The applicant is advised that the Construction Certificate plans and specifications must comply with the provisions of the Building Code of Australia.
42 Adequate precautions shall be taken to prevent the pollution of the environment by way of contaminants from the site, such as oils grease and/or chemicals, entering the storm water drainage system.
43 A Tree Preservation Order exists within the Ku-ring-gai Council area whereby the removal, lopping or destruction of any tree exceeding 5.0 metres in height or 4.0 metres in canopy spread (except where exempt as defined under Council’s Tree Preservation Order) without prior written consent of Council is prohibited.
44 Release of the Construction Certificate gives automatic approval to the removal ONLY of those trees located on the subject property within the footprint of a proposed new building/structure or within 3.0 metres of a proposed new dwelling. Where this application is for a building/structure other than a dwelling then ONLY trees within the area to be occupied by this building/structure may be removed. Other trees SHALL NOT be REMOVED or DAMAGED without an application being made under Council’s Tree Preservation Order.
45 Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved building works shall be undertaken by an experienced Arborist/Horticulturist, with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate:

Tree/Location

Eucalyptus pilularis (Blackbutt)/eastern boundary, adjoining property
46 Tree roots between 10mm and 50mm diameter, severed during excavation, shall be cut cleanly by hand and the tree subsequently treated with a root growth hormone and wetting agent, by an experienced Arborist/Horticulturist with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate.

Tree/Location	Radius From Trunk
Eucalyptus pilularis (Blackbutt)/ Eastern boundary, adjoining property	3.5 m 48 The applicant shall ensure that at all times during the construction period no activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order.

Plant Species

Ligustrum lucidum (Large-leaved Privet)

Cinnamomum camphora (Camphor laurel)
51 All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.

CONDITIONS TO BE COMPLIED WITH PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE
53 The Long Service Levy is to be paid to Council in accordance with the provisions of Section 34 of the Building and Construction Industry Payments Act 1986 prior to the issue of the Construction Certificate.

Note: Required if cost of works exceed $25,000.00.

Approval of this Development Application is for works wholly within the property. DA consent does not imply approval of footpath or driveway levels, materials or location within the road reserve regardless of whether this information is shown on the Development application plans. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels. The construction of footpaths and driveways outside the property, in materials other than those approved by Council, is not permitted and Council may require immediate removal of unauthorised installations.

Eucalyptus pilularis

Blackbutt

In the event that any specified trees are found damaged, dying or dead as a result of any negligence by the applicant or its agent, or as a result of the construction works at any time during the construction period, Council will have the option to demand the whole or part therefore of the bond.

Tree/Location

Eucalyptus pilularis (Blackbutt)/eastern boundary, adjoining property

CONDITIONS TO BE COMPLIED WITH PRIOR TO WORK COMMENCING

Environmental Planning & Assessment Act, 1979

Eucalyptus pilularis (Blackbutt)

CONDITIONS TO BE COMPLIED WITH PRIOR TO OCCUPATION
73 Prior to the release of any occupation certificate, a compliance certificate must be obtained from an accredited certifier, certifying that the building works for the building to be occupied comply with the plans and specifications approved by this development consent; and any construction certificate associated with this consent for the buildings to be occupied. If the Principal Certifying Authority is not the Council, then this compliance certificate must be submitted to the Council at the same time as the occupation certificate is submitted to the Council in accordance with Clause 151(2) of the E P & A Act regulations.
74 Prior to issue of the Occupation Certificate, the Principal Certifying Authority (where not Council) must provide Ku-ring-gai Council with a signed declaration that the following works in the road reserve have been completed in full:
74.1 New concrete driveway crossing in accordance with levels and specifications issued by Council and RTA.
74.2 Removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter. (Reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials).
74.3 Full repair and resealing of any road surface damaged during construction.
74.4 Full replacement of damaged sections of grass verge with a non-friable turf of native variety to match existing.
75 All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.

Prior to issue of the Occupation Certificate the applicant must submit certification from the installing plumbing contractor to the Principal Certifying Authority that the components of the new drainage system have been installed by a licensed contractor in accordance with the National Plumbing and Drainage code AS3500.3 (2003) and the Building Code of Australia.

A qualified civil/hydraulic engineer may provide this certification in lieu of the installing contractor.

76 Prior to issue of the Occupation Certificate, the requirements of Energy Australia regarding the relocation of services must be met.
77 Prior to the release of the Occupation Certificate the following are required:
· The results of the testing of the excavated material from the site; and
· If the material was found to be contaminated, receipts from the DEC approved waste site.
78 Submission of the relevant certificates of compliance by a suitably qualified person for the following works. The certificate shall identify the works the certificate relates to and the relevant Code, Standard or Policy the works are required to comply with.
· Storm water drainage system including bunding to the workshop/garage floor.
· All Fire Safety Measures installed in accordance with the requirements of the Building Code of Australia.

BUILDING CONDITIONS

Risers:	Maximum 190mm	Minimum 115mm
Going (Treads):	Maximum 355mm	Minimum 240mm Note: Dimensions must also comply with limitations of two (2) Risers and one (1) going equalling a maximum 700mm or minimum 550mm. The Risers and Goings shall be uniform throughout the length of the stairway.

Where a monolithic slab is used as part of a termite barrier system, the slab shall be constructed in accordance with Australian Standard 2870.1 or as designed by a structural engineer but in either case shall be vibrated to achieve maximum compaction.

To ensure compliance with this condition, a Compliance Certificate or documentary evidence from a suitably qualified person is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

84 The following are required details and must be submitted to the Council on completion of the works. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify.
(a) Wet area waterproofing details complying with the Building Code of Australia.
(b) A Compliance Certificate from a suitably qualified person that the office and retaining wall complies with the relevant deemed to satisfy provisions of the Building Code of Australia.
END OF CONDITIONS

Commissioner of the Court

Actions

Download as PDF Download as Word Document

Citations

Antony Katter v Ku-ring-gai Council [2005] NSWLEC 310

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1

CITATION:	Antony Katter v Ku-ring-gai Council [2005] NSWLEC 310
PARTIES:	APPLICANT: Antony Katter RESPONDENT: Ku-ring-gai Council
FILE NUMBER(S):	10293 of 2005
CORAM:	Watts C at 1
KEY ISSUES:	Development Application :- Character of the locality and streetscape signage and car parking
LEGISLATION CITED:	Ku-ring-gai Planning Scheme Ordinance 1971, (KPSO) - Environmental Planning and Assessment Act 1979, ss 79C and 106-8.
DATES OF HEARING:	09/06/2005
EX TEMPORE JUDGMENT DATE:	06/09/2005
LEGAL REPRESENTATIVES:	APPLICANT: Mr S Klinger, solicitor SOLICITORS: Steven Klinger RESPONDENT: Mr C T Drury, solicitor SOLICITORS: Phillips Fox