Misko v Hornsby Shire Council [2006] NSWLEC 253

Land and Environment Court of New South Wales

CITATION : Misko v Hornsby Shire Council [2006] NSWLEC 253

APPLICANT Emil Misko PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10914 of 2005

CORAM: Tuor C

Development Application :- Multi unit housing KEY ISSUES: Consent orders Non compliance with the minimum site width requirement

LEGISLATION CITED: Medium density multi unit development control plan

DATES OF HEARING: 23 March 2006

EX TEMPORE JUDGMENT DATE : 03/23/2006

APPLICANT Mr G McKee, solicitor of McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT Mr A simpson, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

23 March 2006

10914 of 2005 Emil Misko v Hornsby Shire Council

JUDGMENT

1 This is an appeal against Hornsby Shire Council's (the council) refusal of a development application and for a multi-unit housing development comprising two dwellings at 25 Forbes Street, Hornsby (the site). The issues between the parties have been resolved and they are seeking consent orders from the Court.

2 A description of the site, its context, the history of the application and the planning controls are in the statement of basic facts. 3 The Court visited the site and heard from the adjoining neighbours, Mr Dale of 27 Forbes Street and Mr Basha of 23 Forbes Street, as well as from his solicitor, Mr Thompson. The Court heard expert evidence from Mr Neil Kennan, the Court appointed town planner. 4 The key issue is the proposal's non compliance with the minimum site width requirement of 30 m in the Medium Density Multi Unit Housing Development Control Plan (the DCP). 5 The objective of the control in the DCP is: