Boyce v Hornsby Shire Council [2021] NSWLEC 1634

Land and Environment Court New South Wales

Medium Neutral Citation: Boyce v Hornsby Shire Council [2021] NSWLEC 1634 Hearing dates: Conciliation conference on 26 August 2021 and 11 October 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay those costs of the Respondent thrown away as a result of the Applicant being granted leave to rely upon the Amended Development Application in the agreed amount of $5,000 within 14 days of the date of these orders. (2) The Appeal is upheld. (3) Development Application No. DA/859/2020 (as amended) for demolition of detached garage, Torrens Title subdivision of one lot into two and associated civil works and the erection of a new dwelling house at 130 Victoria Road, West Pennant Hills is approved subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION – subdivision –conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.5 Environmental Planning and Assessment Regulation 2000, cl 55 Hornsby Local Environmental Plan 2013, cll 2.6, 2.7, 4.1, 4.3, 6.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55 – Remediation of Land Sydney Regional Environmental Plan No 20 – Hawkesbury Nepean River (No 2—1997) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Greg Boyce (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Cottom (Solicitor) (Respondent)