Gogulan v Hornsby Shire Council [2024] NSWLEC 1776

Land and Environment Court New South Wales

Medium Neutral Citation: Gogulan v Hornsby Shire Council [2024] NSWLEC 1776 Hearing dates: 9 and 10 September 2024 Date of orders: 03 December 2024 Decision date: 03 December 2024 Jurisdiction: Class 1 Before: Nichols AC Decision: The orders of the Court are: (1) The appeal is upheld. (2) Leave is granted to the Applicant to rely upon amended plans submitted as Exhibit D. (3) Consent is granted to Development Application No DA/625/2023 for the construction of a two-storey dwelling at 6 Gumnut Road, Cherrybrook subject to the conditions included at Annexure A. (4) Exhibits B and D are retained, the remaining exhibits are returned. Catchwords: DEVELOPMENT APPLICATION – two-storey dwelling – tree preservation Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 27 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.3, 6.6 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 2.36 Hornsby Local Environment Plan 2013, cll 4.1, 4.3, 5.10, 6.4, 7.6 Texts Cited: Hornsby Development Control Plan Category: Principal judgment Parties: Thuraiajasingam Gogulan and Shironee Gogulan Hornsby Shire Council Representation: Counsel: A Pickup (Solicitor)(Applicant) M Cottom (Solicitor)(Respondent)