Yuen Yuen v Hornsby Shire Council [2006] NSWLEC 824

Land and Environment Court of New South Wales

CITATION : Yuen Yuen v Hornsby Shire Council [2006] NSWLEC 824

APPLICANT Yuen Yuen Pty Limited PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10524 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of an existing dwelling and the erection of a child care centre - heritage - streetscape/character - traffic/access - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 1994

DATES OF HEARING: 04/12/06

DATE OF JUDGMENT: 12/11/2006

APPLICANT Mr A Galasso SC SOLICITORS Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

11 December 2006

10524 of 2006 Yuen Yuen Pty Limited v Hornsby Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Hornsby Shire Council (the council) of DA No. 2041/2005 for the demolition of an existing dwelling and the erection of a child care centre at 45 Wongala Crescent, Beecroft. The site 2 The site comprises Lot D in DP40012. It has an area of 1,397 square metres and overall fall of 9% to the frontage of the site. A detached dwelling is sited on the land. The Arden Anglican Primary School adjoins the southern and western boundaries of the site and includes a range of single and two storey buildings. A detached dwelling adjoins the northern boundary. The site is opposite the northern railway corridor, which includes remnant bushland.