Shortis v Hornsby Shire Council [2004] NSWLEC 644

Land and Environment Court of New South Wales

CITATION : Shortis v Hornsby Shire Council [2004] NSWLEC 644 APPLICANT Walter Geroge Shortis PARTIES : RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 10928 of 2004 CORAM: Bly C Development Application :- Appeal against Conditions - Garage KEY ISSUES: Stables - Tennis Court and Pool Cabana - Setbacks - Rural Character

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Rural Lands DCP Hornsby Shire Local Environmental Plan 1994 CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167 DATES OF HEARING: 16/11/2004 DATE OF JUDGMENT: 11/24/2004

APPLICANT Mr C Norton, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr T Pickup, solicitor of Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

16 November 2004

10928 of 2004 Walter George Shortis v Hornsby Shire Council

JUDGMENT

This appeal is against conditions 6 and 22 of a development consent which was issued by the council in respect of development application number 1060/03 which is for the erection of a garage/stables, tennis court and pool cabana (toilet/shower and store) in conjunction with the existing dwelling house at 3 Coppabella Rd., Middle Dural.

More particularly the proposal involves the erection of a freestanding garage with attached stables and a loft storage/area above a garage. Attached to the loft is a balcony, which is accessed via sliding glass doors. The cabana adjoins the existing swimming pool and is set back 6.5 metres from the Coppabella Rd frontage of the site. The tennis court is to be located adjacent to the cabana and setback between 11 and 12.5 metres from the Coppabella Road frontage and 6 metres from the eastern boundary of the site. The site