NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Clear Ridge Developments Pty Ltd v Hornsby Shire Council [2005] NSWLEC 618 Hearing dates: 6 and 7 September 2005 Decision date: 01 November 2005 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld.
2. The development application (281/04) for demolition of existing structures and erection of a child care centre for 90 children with basement parking for 15 cars and parking in the front setback for 7 cars at 36, 38, 38A Northcote Road, Hornsby, is approved subject to the conditions at Annexure "A"
3. The exhibits, except exhibits 3, E, G and N, may be returned.
4. No order as to costs Catchwords: Development Application :- Child care centre Compatibility with low density residential environment number of children acoustic fence bulk and scale setbacks and landscaping Legislation Cited: Environmental Planning and Assessment Act 1979 Hornsby Shire Local Environmental Plan 1994 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: APPLICANT Clear Ridge Developments Pty Ltd
RESPONDENT Hornsby Shire Council Representation: APPLICANT Ms S Duggan, barrister SOLICITORS Hunt and Hunt
RESPONDENT Mr P Jackson, solicitor SOLICITORS Pike Pike & Fenwick File Number(s): 10254 of 2005
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