Ben-Menashe v Ku-ring-gai C [2005] NSWLEC 172

Ben-Menashe v Ku-ring-gai C [2005] NSWLEC 172

Although the proposal complies numerically with SEPP 53, it fails to satisfy the qualitative criteria in cl 32 concerning streetscape, visual bulk, and neighbourhood character, and therefore must be refused.

Parties
Applicant: I & L Ben-Menashe; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
13 April 2005
Procedural Posture
Development Application Appeal / Judgment on Appeal
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Application, Amenity Impacts, Streetscape Impact, Planning Controls
Planning and Environment Development Application Amenity Impacts Streetscape Impact Planning Controls

Case Brief

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Parties

I & L Ben-Menashe

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Development Application Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the proposed attached dual occupancy complies with SEPP 53 and relevant planning controls
  2. 2 Whether the proposal's bulk, scale, and streetscape impact warrant refusal
  3. 3 Whether amenity impacts and parking are acceptable

Ratio Decidendi

Although the proposal complies numerically with SEPP 53, it fails to satisfy the qualitative criteria in cl 32 concerning streetscape, visual bulk, and neighbourhood character, and therefore must be refused.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development consent for DA 1268/04 for demolition of an existing house and erection of an attached two-storey dual occupancy development at No. 41 Kissing Point Road, Turramurra, is refused.