Sherbrook Group Pty Ltd v Hornsby Shire Council [2020] NSWLEC 1359

Land and Environment Court New South Wales

Medium Neutral Citation: Sherbrook Group Pty Ltd v Hornsby Shire Council [2020] NSWLEC 1359 Hearing dates: 30-31 July 2020 Date of orders: 12 August 2020 Decision date: 12 August 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The Court grants leave to rely on amended plans dated 31 July 2020, amended BASIX Certificate 759941M-04 dated 20 July 2020 and amended NATHERS Certificates with summary dated 19 July 2020. (2) The appeal is dismissed. (3) Development Application 1338/2016 which seeks demolition of existing structures, amalgamation of five lots and construction of a two-storey with attic development including 10 townhouses and a residential flat building with 17 ground floor units and 29 first floor units, all serviced by basement parking on Lots 1 and 2 in DP 7477423, and Lots 1, 2 and 3 in DP 883943, also known as 127, 172A and 174 Sherbrook Road, Asquith, is refused. (4) The exhibits are returned, except Exhibits A, F, 1, and 3, which are retained. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling development – lot amalgamation – amenity – character – accessibility Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 2013 Land and Environment Court Act 1979 Cases Cited: Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Texts Cited: Australian Standard AS 4299-1995 Adaptable Housing Hornsby Development Control Plan 2013 Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (March 2020) Category: Principal judgment Parties: Sherbrook Group Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) A Pickup (Solicitor) (Respondent)