ONR Investments Pty Limited v Hornsby Shire Council [2022] NSWLEC 1565

Land and Environment Court New South Wales

Medium Neutral Citation: ONR Investments Pty Limited v Hornsby Shire Council [2022] NSWLEC 1565 Hearing dates: Conciliation conference on 7 September 2022 Date of orders: 17 October 2022 Decision date: 17 October 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order issued by Hornsby Shire Council on 21 April 2022 is modified so that the time for compliance is extended to 29 April 2026. (3) As a consequence of Order (2), the modified Order is in the terms set out in Annexure 'A'. Catchwords: DEVELOPMENT CONTROL ORDER – Stop Use Order – conciliation conference – agreement between the parties – modification of time for compliance - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Pt 1 Sch 5 Hornsby Local Environmental Plan 2013 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: ONR Investments Pty Limited (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicant) B Lennox (Solicitor) (Respondent)

Solicitors: DG Briggs & Associates (Applicant) Storey & Gough Lawyers (Respondent) File Number(s): 2022/144370 Publication restriction: No