NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Merhi v Hornsby Shire Council [2000] NSWLEC 30 APPLICANT Merhi PARTIES : RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 10798 of 1998 CORAM: Pearlman J KEY ISSUES: Development :- multi-unit residential - bulk and scale - overshadowing - privacy - access Hornsby Local Environmental Plan 1994 LEGISLATION CITED: High Density Multi-Unit Housing Development Control Plan 1998 Interim Hornsby Town Centre Development Control Plan CASES CITED: DATES OF HEARING: 15/11/99, 16/11/99, 17/11/99, 18/11/99 DATE OF JUDGMENT: 02/25/2000
APPLICANT Mr P R Clay (Barrister) SOLICITORS Whitehead Green & Cooper LEGAL REPRESENTATIVES: RESPONDENT Mr R K Graham (Solicitor) SOLICITORS Abbott Tout
JUDGMENT:
IN THE LAND AND 10798 of 1998 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 25 February 2000
SIMON MERHI Applicant v HORNSBY SHIRE COUNCIL Respondent
JUDGMENT
Introduction
1. This is an appeal against the deemed refusal by Hornsby Shire Council of a development application to construct a multi-unit residential building at No 14 Pound Road, Hornsby.
2. The proposal is to erect a 12-storey building, consisting of 44 residential units (which will be strata subdivided) and three levels of associated carparking. A single storey factory currently on the site will be demolished. The proposed development is permissible with consent under the relevant planning instruments.
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