Mackenzie Architects International Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1253

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1253 Hearing dates: Conciliation conference on 6 May 2024 Date of orders: 21 May 2024 Decision date: 21 May 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA/158/2023 for the demolition of the existing dwelling and associated structures and the construction of a multi-dwelling housing development comprising of twenty (20) three and four bedroom townhouses with basement parking and associated landscape works on land at 15 Mildred Avenue, Hornsby is approved, subject to the conditions contained in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7, 38 Land and Environment Court Act 1979 s 34 Environmental Planning and Assessment Regulation 2021 cl 27 Hornsby Local Environmental Plan 2013 cl 2.7, 4.3, 5.21, 6.2, 6.8 State Environmental Planning Policy (Biodiversity and Conservation) s 2.1 State Environmental Planning Policy (Resilience and Hazards) s 4.6 Category: Principal judgment Parties: Mackenzie Architect International Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: S Berveling (Applicant) B Lennox (Solicitor) (Respondent)