Mackenzie Architects International Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1450

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1450 Hearing dates: Conciliation conference on 24 July 2023 Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/214/2022 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to Development Application DA/214/2022 (as amended) for demolition of all structures and the construction of a multi-dwelling housing development comprising 20 x three-bedroom townhouses with basement parking at 19-23 Forbes Street, Hornsby, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Hornsby Local Environmental Plan 2013, cll 2.3, 6.1, 6.2, 6.4, 6.8 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.99 Texts Cited: Northern Beaches Local Housing Strategy Northern Beaches Local Strategic Planning Statement NSW Department of Planning and Environment, Apartment Design Guide Pittwater 21 Development Control Plan Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: S Berveling (Applicant) A Seton (Respondent)