Loccisano v Hornsby Shire Council [2023] NSWLEC 1497

Land and Environment Court New South Wales

Medium Neutral Citation: Loccisano v Hornsby Shire Council [2023] NSWLEC 1497 Hearing dates: Conciliation conferences on 19 June, 24 July and 18 August 2023 Date of orders: 05 September 2023 Decision date: 05 September 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $2,000. (2) The appeal is upheld. (3) Development Application No. DA/448/2022, as amended, for the construction of a multi dwelling housing development comprising eight townhouses with basement car parking at Lot 1 in DP311860 and known as 406 Peats Ferry Road, Hornsby, is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – multi dwelling housing – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Hornsby Shire Local Environmental Plan 2013, cll 2.3, 4.3, 6.2, 6.8 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, s 4.6 Category: Principal judgment Parties: Carmela Loccisano (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) M Caban (Solicitor) (Respondent)