Vigor Master Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1128

Land and Environment Court New South Wales

Medium Neutral Citation: Vigor Master Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1128 Hearing dates: Conciliation Conference on 28 February 2024 Date of orders: 20 March 2024 Decision date: 20 March 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA/346/2023 as amended, for the erection of a dwelling house with associated driveway on the land at 19 Lockyer Close, Dural 2158 legally known as Lot 5916 in Deposited Plan 1062410 and a suspended driveway with supporting columns across an unformed portion of New Line Road north of the property (as identified in Annexure B) subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Land and Environment Court Act 1979, ss 34, 34AA, 39 Environmental Planning and Assessment Regulation 2021, s 38 Hornsby Local Environmental Plan 2013, cll 2.2, 4.3, 5.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Cases Cited: Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724 Texts Cited: Hornsby Development Control Plan 2013 Hornsby Shire Council Community Engagement Plan 2023 NSW Rural Fire Service, Planning for Bush Fire Protection 2019 Category: Principal judgment Parties: Vigor Master Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: T Robertson (Applicant) B Lennox (Solicitor) (Respondent)