Samjen Investments Pty Ltd v Hornsby Shire Council [2004] NSWLEC 208

Land and Environment Court of New South Wales

CITATION : Samjen Investments Pty Ltd v Hornsby Shire Council [2004] NSWLEC 208 APPLICANT Samjen Investments Pty Ltd PARTIES : RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 10545 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- proposal for 2-storey town houses in a conservation area - prominent corner site - gateway to conservation area - sympathy with heritage value of conservation area - and heritage items and streetscape - vehicle ramp access - disable persons access. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 29/03/04-30/03/04 EX TEMPORE 04/02/2004 JUDGMENT DATE :

APPLICANT Mr C McEwen, barrister SOLICITOR Hannaford Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr I Woodward, solicitor SOLICITOR Hornsby Shire Council

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10545 of 2003 Hoffman C 2 April 2004 Samjen Investments Pty Ltd Applicant

v Hornsby Shire Council Respondent Judgment

1. This was a class 1 appeal, No. 10545 of 2003, between Samjen Investments Pty Ltd and Hornsby Shire Council in regard to the refusal of an application for 12 two-storey townhouses, called multi-unit housing with basement car parks on 2 The Crescent and 381 Pennant Hills Road, Pennant Hills.

2. The land was approximately a trapezoidal shape with frontage to The Crescent on an obtuse angle corner with Pennant Hills Road. Then there was a long frontage on the south side of Pennant Hills Road for the site and then a small frontage to Railway Parade. This small frontage was the detached end of the main part of Railway Parade and the main part was on the north side of Pennant Hills Road and ran alongside the railway line.