Plaskitt v Hornsby Shire Council [2022] NSWLEC 1181

Land and Environment Court New South Wales

Medium Neutral Citation: Plaskitt v Hornsby Shire Council [2022] NSWLEC 1181 Hearing dates: 30 March 2022 Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 405/2020 for the demolition of existing structures and the subdivision of one lot into two lots, at 52A Day Road, Cheltenham, is refused. (3) The exhibits, other than Exhibits 1, A, B and C, are returned. Catchwords: DEVELOPMENT APPLICATION – subdivision of one lot into two lots – demolition of existing structures – minimum lot width numerical control in Part 6 of the Hornsby Development Control Plan 2013 does not apply to a battle-axe lot – impact on the heritage significance of the Becroft-Cheltenham Heritage Conservation Area Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Hornsby Local Environmental Plan 2013, cll 2.6, 4.4, 5.10, 6.2, Pt 2 Sch 5 Land and Environment Court Act 1979, s 34 Texts Cited: Hornsby Development Control Plan 2013 Online Macquarie Dictionary Category: Principal judgment Parties: Mark Plaskitt (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) D Loether (Solicitor) (Respondent)