Statewide Planning Pty Ltd v Hornsby Shire Council [2021] NSWLEC 1808

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Hornsby Shire Council [2021] NSWLEC 1808 Hearing dates: Conciliation conference on 13 December 2021 Date of orders: 30 December 2021 Decision date: 30 December 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application DA/65/2019 for the demolition of existing structures and construction of 5 x 5 storey residential flat buildings with mezzanine level containing 165 units with ground level communal open space, over two levels of basement car parking for 200 vehicles, removal of trees and consolidation of 9 lots into 1 at 22 – 32 Park Avenue, Waitara, subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION: Residential apartment development – residential flat building – State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development – character of the local area – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Hornsby Local Environmental Plan 2013, cll 1.8A, 4.3, 4.6, 5.10, 5.21, 6.2, Sch 5 Land and Environment Court Act 1979, s 34 Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65 – Design quality of Residential apartment development, cll 28, 30, Pt 3 Cases Cited: Woollahra Municipal Council v SJD DB2 Pty Ltd [2020] NSWLEC 115 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Seton (Solicitor) (Respondent)