P. S. Graham v Hornsby Shire Council [2007] NSWLEC 154

Land and Environment Court of New South Wales

CITATION : P. S. Graham v Hornsby Shire Council [2007] NSWLEC 154

APPLICANT P. S. Graham PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11106 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Residential Subdivision, minimum lot size/steep topography, tree removal, public interest

Environmental Planning and Assessment Act 1979 Rural Fires Act 1997 LEGISLATION CITED: Hornsby Local Environmental Plan 1994 Residential Subdivision Development Control Plan Heritage Development Control Plan Byles Creek Development Control Plan

CASES CITED: Shaw v Hornsby Shire Council [2006] NSWLEC 79

DATES OF HEARING: 22/03/2007

EX TEMPORE JUDGMENT DATE : 22 March 2007

APPLICANT Mr P. Graham, advocate

LEGAL REPRESENTATIVES: RESPONDENT Mr P. Jackson, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

22 March 2007

11106 of 2006 P. S. Graham v Hornsby Shire Council

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication. Background. 1 This appeal was lodged against council refusal of a development application for a 2 lot residential subdivision at No 58 Sutherland Road, Beecroft. A number of issues were identified for the appeal, which can be summarised as follows: o whether the proposal complies with the zone objectives, particularly the environmental capacity of the lot sizes, o landscaping and loss of trees, o future residential development opportunities, o matters raised by objectors.