Bugeja v Hornsby Shire Council [2006] NSWLEC 700

Land and Environment Court of New South Wales

CITATION : Bugeja v Hornsby Shire Council [2006] NSWLEC 700

FIRST APPLICANT Phillip Frank Bugeja

PARTIES : SECOND APPLICANT Gisella Angela Bugeja

RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10705 of 2006

CORAM: Murrell C

KEY ISSUES: Development Application :- For extension to dwelling house and pergola, removal of Norfolk Island Pine tree, impact on character of area, privacy to adjoining property, replacement canopy tree

LEGISLATION CITED: Environmental Planning and Assessment Act s 97

DATES OF HEARING: 06/11/2006

EX TEMPORE JUDGMENT DATE : 11/06/2006

APPLICANT Mr D Briggs, solicitor SOLICITORS DG Briggs & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr A Hudson, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

6 November 2006

10705 of 2006 Phillip Frank and Gisella Angela Bugeja v Hornsby Shire Council

JUDGMENT This determination was given extemporaneously and it has been edited prior to publication 1 This judgment is for an appeal under s 97 of the Environmental Planning and Assessment Act against Hornsby Shire Council's refusal of a development application for a rear extension and pergola to the dwelling located at 27 Finlay Avenue, Beecroft. 2 The council refused the development application because it required the removal of two Norfolk Island Pine trees. A s 82A Review for an amended application that required the removal of only one of the Norfolk Island Pines was also determined and refused by the council.