DJ Thompson Family Trust v Hornsby Shire Council [2021] NSWLEC 1638

Land and Environment Court New South Wales

Medium Neutral Citation: DJ Thompson Family Trust v Hornsby Shire Council [2021] NSWLEC 1638 Hearing dates: Conciliation conference on 5, 19 and 30 August 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: Refer to the orders below at [37] Catchwords: DEVELOPMENT APPLICATION – Seniors Living residential care facility – cl 4.6 variation request to breach of 2 storeys development standard – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.14, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 4, 5, 11, 15 -16, 18, 24 – 29, 32, 40, 48, 55 Hornsby Local Environmental Plan 2013, cll 4.6, 6.1, 6.2 Sydney Regional Environmental Plan No 20 – Hawkesbury Nepean River (No 2 1997) cll 5, 6 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Hornsby Development Control Plan 2013 Category: Principal judgment Parties: DJ Thompson Family Trust (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Pickup (Solicitor) (Respondent)