McKerrell and Lloyd v Hornsby Shire Council [2005] NSWLEC 550

Land and Environment Court of New South Wales

CITATION : McKerrell and Lloyd v Hornsby Shire Council [2005] NSWLEC 550

APPLICANT Mr and Mrs McKerrell and Mr and Mrs Lloyd

PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11513 of 2004

CORAM: Brown C

KEY ISSUES: Development Application :- subdivision - access driveway - appropriate building envelopes - private open space - character

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hornsby Shire Local Environmental Plan 1994

CASES CITED: Parrot v Kiama Municipal Council [2004] NSWLEC 77

DATES OF HEARING: 20/09/05

DATE OF JUDGMENT: 10/06/2005

APPLICANT Ms S Duggan, barrister SOLICITORS Spiegel & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell, solicitor SOLICITORS HWL Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

6 October 2005

11513 of 2004 Mr and Mrs McKerrell and Mr and Mrs Lloyd v Hornsby Shire Council

JUDGMENT Introduction 1 This is an appeal against the refusal of Development Application No. 518/04 by Hornsby Shire Council (the council) for the subdivision of three existing lots into five lots at 25, 37 and 39 Belinda Crescent, North Epping (the site).

2 An inspection of the site and some adjoining properties was carried out on the morning of the first day of the hearing with representatives from both parties, local residents and Court appointed experts.