Saliba v Hornsby SC [2005] NSWLEC 199

Land and Environment Court of New South Wales

CITATION : Saliba v Hornsby SC [2005] NSWLEC 199

APPLICANT Anthony Saliba

PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11387 of 2004

CORAM: Nott C

Appeal :- Consent Orders granting development consent for alterations to a dwelling and for subdivision of the land into two lots. KEY ISSUES:

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s97

DATES OF HEARING: 12/04/2005 EX TEMPORE JUDGMENT DATE : 04/12/2005

APPLICANT Mr J. Hones, solicitor of Hones Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr T. Pickup, solicitor of Storey & Gough

JUDGMENT: In THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

12 April 2005

11387 of 2004 Anthony Saliba v Hornsby Shire Council

JUDGMENT

1 In this matter the parties seek an order from the Court (by consent) granting development consent for alterations to a dwelling at Pomona Street, Pennant Hills, to enable a subdivision of that property into two lots.

2 I have considered the documents that have been filed in support of the application and have taken into account the objection under State Environmental Planning Policy No.1 – Development Standards..

3 There is a small departure from the development standard relating to lot size for a lot created by subdivision, and the parties have agreed that the objection under SEPP 1 is well founded.