Deobeam Pty Ltd v Hornsby Shire Council [2005] NSWLEC 249

Land and Environment Court of New South Wales

CITATION : Deobeam Pty Ltd v Hornsby Shire Council [2005] NSWLEC 249

APPLICANT Deobeam Pty Ltd

PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11016 of 2004

CORAM: Bly C

KEY ISSUES: Development Application :- Consent orders - integrated development - waterway - subdivision into 8 allotments - development control plan requirements - sewerage - neighbour objections - right of way - flooding

Hornsby Shire Local Environmental Plan 1994 LEGISLATION CITED: Hornsby Rural Lands Development Control Plan

DATES OF HEARING: 19/04/2005 EX TEMPORE JUDGMENT DATE : 04/19/2005

APPLICANT Mr P Clay, barrister SOLICITORS Domain Legal LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

19 April 2005

11016 of 2004 Deobeam Pty Ltd v Hornsby Shire Council

JUDGMENT

1 This appeal relates to development application 922/03 which seeks approval for the Torrens Title subdivision of Lot 2 in DP231660 being 29 Arcadia Road, Galston, into nine allotments together with the creation of a right-of-carriageway to service the proposed lots. 2 The application has since been modified, reducing the number of allotments to eight. The proposed lots now range in area between 672 sq m and 1311 sq m. Incorporated into the subdivision design is an extension to Gardiner Road which in turn converts to the proposed right-of-carriageway now to have a width of between 6.3 and 10.2 m providing access to the adjoining property to the north, being 33 Arcadia Road. There are additional internal rights-of-carriageway providing access to the lots off Gardiner Road as extended into the site. 3 There is also to be provided in conjunction with a creek which passes through the site a riparian zone and there is also to be provided a vegetative buffer zone 10 m deep along that part of the northern boundary of the site where it provides boundaries to Lots 3, 4 and 5. One of the proposed lots will have access off Arcadia Road. 4 The plan of subdivision has provided building envelopes indicating the possible location of future dwellings on each of the eight lots. 5 The site is a hatchet-shaped lot with access off Arcadia Road. It has frontage to the northern end of Gardiner Road. Generally the site has moderate slopes of between 8-10%. It contains remnant Sydney turpentine ironbark forest, the majority of which is to be protected by the vegetation buffer zone referred to earlier. 6 The site is zoned Residential AR (Low Density Rural Village) under the Hornsby Shire Local Environmental Plan 1994 ("the LEP"). Under the LEP subdivision is permissible pursuant to cl 7 with development consent.