Tie v Hornsby Shire Council [2024] NSWLEC 1546

Land and Environment Court New South Wales

Medium Neutral Citation: Tie v Hornsby Shire Council [2024] NSWLEC 1546 Hearing dates: Conciliation Conference 27 and 28 August 2024 Date of orders: 05 September 2024 Decision date: 05 September 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The written request pursuant to cl 4.6 of the Hornsby Local Environmental Plan 2013 seeking a variation to the height of building standard of 8.5m, prepared by Andrew Martin Planning dated May 2024, is upheld. (2) The appeal is upheld; (3) The Development Application DA/461/2023 is determined by grant of consent for the demolition of existing structures, Torrens title subdivision of one allotment into two lots and the construction of a two-storey dwelling house on each lot at Lot 1 DP 228900, known as 4A Carrington Street, Wahroonga subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – Torrens title subdivision - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, Pt 4 Land and Environment Court Act 1979, ss 17, 34, 34AA, 39 Local Land Services Act 2013, s 60O Hornsby Local Environmental Plan 2013, cll 2.3, 2.6, 2.7, 4.3, 4.6, 6.1 Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.7, 6.6, 6.7, Chs 2, 6 Category: Principal judgment Parties: Filippus Tie (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: J Cole (Solicitor)(Applicant) B Lennox (Solicitor)(Respondent)