Deeves v Ku-ring-gai Council

[2004] NSWLEC 385

Land and Environment Court

of New South Wales

CITATION:

Deeves v Ku-ring-gai Council [2004] NSWLEC 385

PARTIES:

APPLICANT
Dr Leigh Deeves

RESPONDENT
Ku-ring-gai Council

FILE NUMBER(S):

10162 of 2004

CORAM:

Murrell C

KEY ISSUES:

Development Application :- Erection of Tennis court - Swimming pool - impact on adjoining property.

LEGISLATION CITED:

CASES CITED:

DATES OF HEARING:

20/05/2004

EX TEMPORE
JUDGMENT DATE :

05/20/2004

LEGAL REPRESENTATIVES:

APPLICANT
Mrs P Whitford, solicitor
SOLICITORS
Maddocks

RESPONDENT
Mr A Hudson, solicitor
SOLICITORS
Whilshire Webb

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Murrell C

20 May 2004

10162 of 2004 Dr Leigh Deeves v Ku-ring-gai Council

JUDGMENT

1 This matter has come before me as consent orders. A development application was submitted to Ku-ring-gai Council for a tennis court and swimming pool. Council refused the development application and an appeal was lodged with the Land and Environment Court.

2 The parties have entered into discussions prior to these proceedings and the Court notes that the original objector to the proposed development, Mr and Mrs Hutchinson, who live at 15 Pymble Avenue, Pymble, have advised that they withdraw their objection to the amended proposal subject to a number of matters being satisfied including the boundary vegetation during construction and in the future, the surveying between the two properties with pegs marked at 3 m intervals and adequate engineering and drainage works. It is noted that the conditions of consent handed up by the respondent council provide for conditions to be address these matters.

3 The subject site is at No. 21 Pymble Avenue, Pymble. It is a very large allotment of land that fans out at the rear to a creek area. It is proposed that the tennis court be constructed on a suspended slab in part and that the riparian zone to the creek, which is an open creek, be maintained. The proposed development also allows for a new swimming pool to be constructed on the south eastern portion of the subject land.

4 The land currently has a dwelling and a swimming pool. The current swimming pool is to be used for a drainage detention from the tennis court and a new swimming pool is to be located at the rear of the dwelling house.

5 The council has provided an assessment in terms of the amendment satisfying concerns. The Department of Land and Water Conservation, or its equivalent thereof, has provided comments and conditions to be incorporated into the development consent which the council has done.

6 It is noted that the original landscape plan requires amendment however, council is satisfied that this can be done by way of a deferred commencement and a deferred commencement condition has been proposed for the council to approve to a final landscape plan.

7 The Court sees no reason on the basis of the evidence that has been provided to the Court today why the appeal should not be upheld by consent and development consent granted.

8 Therefore on the basis of the information provided to the Court and my assessment, the Court is prepared to issue into consent orders for the proposed development.

9 Accordingly the orders of the Court are:

1. The appeal is upheld by consent.

2. The Development Application submitted to Kur-ring-gai Council No. 137/02 for a swimming pool and tennis court and as amended at 21 Pymble Avenue, Pymble, is approved subject to the conditions in Annexure “A”.

3. The exhibits except for Exhibits 1, A, B, C, D and E are returned.

______________________

J S Murrell

Commissioner of the Court

NcM/rjs/ljr