Blake v Hornsby Shire Council [2021] NSWLEC 1349

Land and Environment Court New South Wales

Medium Neutral Citation: Blake v Hornsby Shire Council [2021] NSWLEC 1349 Hearing dates: 27 May 2021 Date of orders: 15 June 2021 Decision date: 15 June 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are: (1) By consent, the appeal is upheld. (2) The Applicant's development application DA-123/2020 for the demolition of an existing building and Torrens Title subdivision of two lots into five lots on land known as 18 Turner Rd and 67 Woodcourt Road, Berowra Heights is determined by the grant of consent, subject to the conditions annexed hereto at Annexure 'A'. (3) The exhibits are returned, except for Exhibits A, 1 and 2. Catchwords: DEVELOPMENT APPLICATION – consent orders – subdivision of land – potential flooding impacts – potential biodiversity impacts – resident objectors – public interest Legislation Cited: Conveyancing Act 1919, s 88E Environmental Planning and Assessment Act 1979, ss 4.15(1), 4.15(3A), 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77, Sch 1 cl 2A Hornsby Local Environment Plan 2013, cll 2.3, 2.6, 6.1 Land and Environment Court Act 1979, s 17 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7(1) Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (April 2021) Land and Environment Court of New South Wales, Practice Note – Class 1 Development Appeals Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Peter Blake (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: A McKelvey (Solicitor) (Applicant) A Pickup (Solicitor) (Respondent)