Momentum Architects Pty Ltd v Hornsby Shire Council [2002] NSWLEC 252

Land and Environment Court of New South Wales

CITATION : Momentum Architects Pty Ltd v Hornsby Shire Council [2002] NSWLEC 252 Applicant Momentum Architects Pty Ltd PARTIES : Respondent Hornsby Shire Council FILE NUMBER(S) : (1)0352 of 2002 CORAM: Roseth SC - Moore C Development Application :- Housing for older people and people with a disability· Medium density housing in the rural landscape· KEY ISSUES: Internal amenity reasonable access to services use of agricultural land Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy 5 Hornsby Shire Local Environmental Plan 1994 Rural Lands Development Control Plan CASES CITED: DATES OF HEARING: 4, 5, 6, 7 and 8 November 2002 DATE OF JUDGMENT: 12/10/2002

Applicant Mr C McEwen, barrister instructed by Hannaford Lawyers LEGAL REPRESENTATIVES: Mr P Tomasetti, barrister instructed by Mr I Woodward

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES (1)0352 of 2002

Roseth SC Moore C

10 December 2002 Momentum Architects Pty Ltd Applicant v Hornsby Shire Council Respondent Judgment The appeal 1. This is an appeal against the refusal by Hornsby Shire Council (the council) of a development application to erect a housing development for older people or people with a disability, comprising 132 dwellings and parking for 272 cars, on lot 1 DP 135408, known as 607 Old Northern Road, Glenhaven. The site 2. The site is on the eastern side of Old Northern Road and has an area of 2.9 ha. It now contains a house and associated outbuildings. Part of a dam is located on the site, with the other part being on the northern neighbour, the Flower Power Nursery. Extensive filling has modified the original landform. While there are trees on the site, it is not heavily vegetated.