Foxfall P/L v Hornsby SC [2005] NSWLEC 427

Land and Environment Court of New South Wales

CITATION : Foxfall P/L v Hornsby SC [2005] NSWLEC 427

APPLICANT Foxfall Pty Limited

PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11377 of 2004

CORAM: Hoffman C

Appeal :- Deemed refusal of the demolition of four houses and the construction of ten two-storey dwellings in a senior living development - streetscape - loss of trees - heritage - privacy - shadows. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Senior Living State Environmental Planning Policy Hornsby Local Environmental Plan 1994

DATES OF HEARING: 27/04/05-29/04/05 and 16/05/05

DATE OF JUDGMENT: 07/26/2005

EX TEMPORE JUDGMENT DATE : 07/28/2005

APPLICANT Mr A. Galasso, barrister Instructed by Ms H. McFarlane, solicitor of Minter Ellison LEGAL REPRESENTATIVES:

RESPONDENT Mr I. Woodward, solicitor of Storey and Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

26 July 2005

11377 of 2004 Foxfall Pty Limited v Hornsby Shire Council

JUDGMENT 1 This is a Class 1, Appeal No. 11377 of 2004, between Foxfall Pty Limited and Hornsby Shire Council in regard to the deemed refusal of the demolition of four houses and the erection of ten two-storey dwellings in a seniors living development at Nos. 24 to 26 and 28 Myra Street, and Nos. 25 and 27 Highlands Avenue, Wahroonga. The properties also have frontage to Oleander Road.