Alan G Turner & Associates v Hornsby Shire Council [2006] NSWLEC 94

Land and Environment Court of New South Wales

CITATION : Alan G Turner & Associates v Hornsby Shire Council [2006] NSWLEC 94

APPLICANT Alan G Turner & Associates PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11042 of 2005

CORAM: Moore C

KEY ISSUES: Development Application - Subdivision :- Retention of significant trees

LEGISLATION CITED: Subdivision Development Control Plan

DATES OF HEARING: 9 February 2006

EX TEMPORE JUDGMENT DATE : 02/09/2006

APPLICANT Mr B Hones, solicitor Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr T Pickup, solicitor Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

9 February 2006

11042 of 2005 Alan G Turner & Associates v Hornsby Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Hornsby Shire Council (the council) of Development Application 303/2004 for the Torrens Title subdivision of one allotment into two allotments and the development of an existing shed and carport at 27 Cardinal Avenue, Beecroft (the site) being Lot 17 DP 21629.

2 I had the opportunity to inspect the site in company with the legal representatives of the parties; the Court-appointed planning and arborist experts and ecological experts advising both the council and the applicant. I had the opportunity to hear further evidence in Court from the Court-appointed arborist and from the ecological experts giving evidence on behalf of the applicant and the council. 3 I also had the opportunity, during the course of the inspection, to hear informal evidence from a number of the residents relating to their concerns and to inspect both the site and to view back into the site from a number of the surrounding properties.