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

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

On the information and evidence before the Court, the amended proposal and conditions addressed the identified concerns, including adjoining owner concerns, drainage and engineering matters, Department of Land and Water Conservation comments, and landscape plan approval by deferred commencement; accordingly there was no reason not to uphold the appeal by consent and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
20 May 2004
Procedural Posture
Development Application Appeal / Consent Orders; Ex Tempore Judgment
Outcome
Appeal upheld by consent; development application approved subject to conditions in Annexure "A".
Legal Topics
['development Application' 'development Consent' 'tennis Court' 'swimming Pool' 'impact on Adjoining Property' 'drainage' 'riparian Zone' 'deferred Commencement Condition']
['planning and Environment Law'] ['development Application' 'development Consent' 'tennis Court' 'swimming Pool' 'impact on Adjoining Property' 'drainage' 'riparian Zone' 'deferred Commencement Condition']

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Procedural Posture

Development Application Appeal / Consent Orders; Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the appeal from Ku-ring-gai Council's refusal of Development Application No. 137/02 for a swimming pool and tennis court at 21 Pymble Avenue, Pymble should be upheld by consent." 'Whether the amended proposal and proposed consent conditions addressed concerns about boundary vegetation, surveying, engineering, drainage, landscaping and the adjoining property.']

Ratio Decidendi

On the information and evidence before the Court, the amended proposal and conditions addressed the identified concerns, including adjoining owner concerns, drainage and engineering matters, Department of Land and Water Conservation comments, and landscape plan approval by deferred commencement; accordingly there was no reason not to uphold the appeal by consent and grant development consent subject to conditions.

Court Disposition

Appeal upheld by consent; development application approved subject to conditions in Annexure "A".

Orders

  • ['The appeal is upheld by consent.' '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".' 'The exhibits except for Exhibits 1, A, B, C, D and E are returned.']