NSW Caselaw
Land and Environment Court of New South Wales
CITATION : David Road Pty Ltd v Hornsby SC [2006] NSWLEC 161
APPLICANT David Road Pty Limited PARTIES : RESPONDENT Hornsby Shire Council
FILE NUMBER(S) : 11231 of 2005
CORAM: Tuor C
KEY ISSUES: Appeal :- section 96 application, delete condition requiring dedication of land at no cost to council, condition not imposed under s 94 plan, condition fundamental to development, heritage, tree retention and traffic issues.
Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 1994 Hornsby Shire Local Environmental Plan 1994 LEGISLATION CITED: Cherrybrook Precinct Development Control Plan Hornsby Shire Residential Subdivision Development Control Plan Hornsby Development Contributions Plan 2004-2010 Hornsby Notification and Exhibition Development Control Plan
Fairfield Council v Olivieri Pty Ltd [2003] NSWCA 41; Fitch v Shoalhaven CC [1987] 67 LGRA 165; CASES CITED: Henbury Pty Ltd v Parramatta CC ; St George Building Society v Manly C [1982] 3 APA 370; Maitland CC v Anambah Homes Pty Ltd [2005] NSWCA 455
DATES OF HEARING: 14/02/2006
DATE OF JUDGMENT: 04/04/2006
APPLICANT Mr C. McEwen, sc Instructed by Mr Hones of Hones Lawyers LEGAL REPRESENTATIVES:
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