Cains v Hornsby Shire Council [2006] NSWLEC 234

Land and Environment Court of New South Wales

CITATION : Cains v Hornsby Shire Council [2006] NSWLEC 234

APPLICANT Rohan Cains PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11258 and 11259 of 2005

CORAM: Murrell C

KEY ISSUES: Appeal :- s 96(6) modification for the reconfiguration of an allotmentment created as a result of a subdivision in 1995.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 01/03/2006 and 02/03/2006

EX TEMPORE JUDGMENT DATE : 05/03/2006

APPLICANT Mr Rohan Cains, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr R. Graham, solicitor for Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

2 March 2006

11258 of 2005 Rohan Cains v Hornsby Shire Council 11259 of 2005

JUDGMENT 1 These proceedings are for two appeals under the Environmental Planning and Assessment Act (Act). The first appeal is in respect of a boundary adjustment, a s 96(6) appeal under the Act for the reconfiguration of an allotment created as a result of a subdivision in 1995. The second appeal is with respect to a proposed dwelling house to be constructed at the rear of the reconfigured lot on the land known as No. 68 Malton Road, Beecroft.

2 By way of background, the Court undertook a site inspection yesterday morning and had the benefit of hearing from the experts on-site, and also had the benefit of hearing from the neighbouring residents in terms of their objection to the proposed dwelling. From the residents there was generally no objection to the subdivision line, and that is often the case, but as will become clear in my judgment, a line on a map in terms of a subdivision is not merely a line, it has major ramifications in terms of further or subsequent environmental impacts.