Morson v Hornsby Shire Council [2022] NSWLEC 1665

Land and Environment Court New South Wales

Medium Neutral Citation: Morson v Hornsby Shire Council [2022] NSWLEC 1665 Hearing dates: 11 and 21 November 2022 Date of orders: 02 December 2022 Decision date: 02 December 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA/147/2022 for the construction of a dwelling house, swimming pool, driveway and associated landscaping at Lot 5 in Deposited Plan 243183, 16 Karalee Road, Galston NSW 2159, as amended, is determined by the granting of consent subject to the conditions marked Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Environment Planning and Assessment Regulation 2000 cl 55, Sch 1 Hornsby Local Environmental Plan 2013, cll 2.3, 4.3, 6.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Texts Cited: Hornsby Shire Council, Community Engagement Plan 2021 Hornsby Development Control Plan 2013 Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy April 2021 NSW Rural Fire Service, Planning for Bush Fire Protection 2019 Category: Principal judgment Parties: Peter Morson ( Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: M Seymour (Applicant) M Cottom (Solicitor)(Respondent)