NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Shaw v Hornsby Shire Council [2006] NSWLEC 79
APPLICANT Ben Shaw and Joanna Shaw PARTIES : RESPONDENT Hornsby Shire Council
FILE NUMBER(S) : 10684 of 2005
CORAM: Bly C
KEY ISSUES: Development Application :- Construction of a two storey dwelling on a battleaxe shaped allotment - building height - amenity impacts - application of Planning Principle.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hornsby Shire Local Environmental Plan 1994 Hornsby Shire Dwelling House Development Control Plan
CASES CITED: Pafburn v North Sydney [2005] NSWLEC 444
DATES OF HEARING: 20/02/2006
EX TEMPORE JUDGMENT DATE : 02/20/2006
APPLICANT Mr B. Shaw, litigant in person
LEGAL REPRESENTATIVES: RESPONDENT Mr T. Pickup, solicitor of Storey & Gough
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
20 February 2006
10684 of 2005 Ben Shaw and Joanna Shaw v Hornsby Shire Council
JUDGMENT This decision was given extemporaneously on site. It has been revised and edited prior to publication.
1 This appeal relates to Development Application No. 755/04, which is for the erection for a two storey dwelling house on a battleaxe shaped allotment at 334 Malton Road, North Epping.
2 The site comprises Lot 3 in Deposited Plan 28373 and has an area of 1581 sq m being 1439 sq m excluding the area of the access way. The site is essentially level and is presently occupied by a single storey dwelling house which is to be demolished.
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