Murrie v Ku-ring-gai Council

[2009] NSWLEC 1041

Land and Environment Court

of New South Wales

CITATION:

Murrie v Ku-ring-gai Council [2009] NSWLEC 1041

PARTIES:

APPLICANT
Danielle Murrie

RESPONDENT
Ku-ring-gai Council

FILE NUMBER(S):

10486 of 2008, 11105 of 2008 and 11072 of 2008

CORAM:

Bly C

KEY ISSUES:

APPEAL :- Demolition order and an application for a building certificate

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

DATES OF HEARING:

03/02/2009

EX TEMPORE JUDGMENT DATE:

3 February 2009

LEGAL REPRESENTATIVES:

APPLICANT
Mr G. Green, solicitor
of Pikes Lawyers

RESPONDENT
Mrs L. Finn, solicitor
of HWL Ebsworth

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

3 February 2009

10486 of 2008 Danielle Murrie v Ku-ring-gai Council
11105 of 2008
11072 of 2008

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

1 These three appeals relate to the residential property at 3 Lightcliff Avenue, Lindfield, and involve an appeal against a demolition order and appeals in relation to applications for a building certificate and development consent.

2 These matters involve a retaining wall positioned in part on the northern boundary of the subject land. It is now proposed that the retaining wall be partially demolished and reconstructed with a different configuration together with landscaping and fencing that has resulted in there being no issues between the parties. There was one objection in relation to the retaining wall by the neighbour at No. 5 and I now understand that with the modifications that have been made to the proposal there is no longer any objection.

3 The parties have now provided consent orders in all three matters. Having inspected the site and considered the proposal as depicted in the drawings together with the agreed conditions and there being no matters in dispute between the parties, I make the orders that are before the Court as Exhibits 1, 2 and 3.

4 In relation to matter 10486 of 2008 the Orders of the Court are, by consent:

1. The appeal is upheld in part.
2. The terms of order EPA0014/08 issued by Ku-ring-gai Council on 22 April 2008 are modified by the Court in accordance with section 121ZK(4)(b) of the Environmental Planning and Assessment Act 1979 in the following respects:
i. The retaining wall is to be demolished in accordance with the plans no. NEW.01/A Sheets 1 and 2 prepared by Narelle Sonter and LDA.02 Revision D prepared by Conus Landscape Design and marked in orange and described as “Demolition Plan”.

ii. All rectification works are to be carried out in accordance with the engineering plans prepared by Don Macleod as follows:

a 08063 - S1B
b 08063 -S2B
c 08063 -3B
iii. All works referred to above are to be completed and a certificate of structural adequacy is to be provided to Ku-ring-gai Municipal Council within 6 months of the date of the grant of this consent.
3. Liberty to apply

4. Exhibit 2 is retained.


5 In relation to matter 11072 of 2008 the Orders of the Court are, by consent:

1. The appeal is upheld in part.

2. A building Certificate is granted in respect of the works marked in orange on plan Nos:


1. North East Landscape Elevation
Drawing No. NEE.01/A Sheet 1 of 2 02.02.09.

2. North West Landscape Elevation
Drawing No. NEW.01/A Sheet 2 of 2 02.02.09. (prepared by N S Botanica)

3. Site Plan
Drawing No. LD.01 Rev D 31.01.09 (prepared by Conus Landscape Design)

3. Exhibit 1 is retained.

6 In relation to matter 11105 of 2008 the Orders of the Court are, by consent:

1. The appeal is upheld.
2. Consent is granted for demolition, reconstruction, building works and landscaping works at 3 Lightcliff Avenue, Lindfield, in accordance with the plans as set out below and subject to conditions as set out in Annexure A hereto.
Plans prepared by conus landscape design:

i. Site Plan No. LDA.01 revision D dated 31 January 2009/
ii. Landscape Plan No. LDA.02 revision D dated 21 January 2009.

iii. Sections No. LDA.03 revision D dated 31 January 2009/

iv. Tree survey No. LDA.04 revision D dated 31 January 2009.

Plans prepared by Narelle Sonter Botanica:

v. North East landscape elevation No. NEE.01/A sheet 1 of 2 dated 2 February 2009.
vi. North West Landscape elevation No. NEW.01/A sheet 2 of 2 dated 2 February 2009.

Plans prepared by Don Macleod Consultants Pty Ltd all dated 29.01.09
1) Drawing No. 08063.S1B

2) Drawing No. 08063.52B

3) Drawing No. 08063.53B

3. Exhibit 3 is retained.

___________________

T A Bly
Commissioner of the Court
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