Neumann v Hornsby Shire Council [2020] NSWLEC 1490

Land and Environment Court New South Wales

Medium Neutral Citation: Neumann v Hornsby Shire Council [2020] NSWLEC 1490 Hearing dates: Conciliation conference on 8 October 2020 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely on the amended plans and documents referred to in Condition 1 of Annexure "A". (2) The Appeal is upheld. (3) Development Application DA/847/2019 for the Torrens title subdivision of one lot into two lots, demolition of the deck to the existing dwelling house and construction of a new dwelling house, and ancillary flood mitigation, drainage and roads at 101 – 103 Wongala Crescent, Pennant Hills, NSW (Lot 15 in DP10463) is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Hornsby Local Environmental Plan 2013 Land and Environment Court Act 1979 Rural Fires Act 1997 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land Texts Cited: Hornsby Development Control Plan 2017 Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Megan Neumann (First Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)