Scully v Hornsby Shire Council [2020] NSWLEC 1347

Land and Environment Court New South Wales

Medium Neutral Citation: Scully v Hornsby Shire Council [2020] NSWLEC 1347 Hearing dates: 22-23 July 2020 Date of orders: 06 August 2020 Decision date: 06 August 2020 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The Court grants leave to rely on the amended subdivision plan, dated 23 July 2020 and amended conditions of consent, dated 27 July 2020. (2) The appeal is upheld. (3) Development Application 572/2017 which seeks Torrens title subdivision of one lot into two lots, partial demolition of an existing deck, relocation of an existing Council drainage pipe in the road reserve and construction of a new open, elevated channel for overland flow on Lot 3 DP 20358, also known as 112 Chapman Avenue, Beecroft, is approved subject to the conditions of consent shown in Annexure A. (4) The exhibits are returned, except A, L, Q, R, S, 1 and 8, which are retained. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – stormwater infrastructure – tree protection – biodiversity conservation Legislation Cited: Biodiversity Conservation Act 2016 COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Environment Protection and Biodiversity Conservation Act 1999 (commonwealth) Hornsby Local Environmental Plan 2013 Land and Environment Court Act 1979 Texts Cited: Australian Standard AS 4970-2009, Protection of trees on development sites Hornsby Development Control Plan 2013 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Category: Principal judgment Parties: Martin Patrick Scully (First Applicant) Wendy Leanne Scully (Second Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: J Reid (Applicants) D Loether (Solicitor) (Respondent)