Galea v Hornsby Shire Council [2007] NSWLEC 181

Land and Environment Court of New South Wales

CITATION : Galea v Hornsby Shire Council [2007] NSWLEC 181

APPLICANT Frank Galea PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11126 of 2006

CORAM: Hoffman C

KEY ISSUES: Development Application :- subidivision of 7 lots, endangered species, endangered ecological community, allotment design, private open space, landscaping, access way, density.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hornsby Local Environmental Plan 1994 Sydney Regional Environmental Plan No. 20 - Hawkesbury Nepean Rivers Rural Fires Act 1997

DATES OF HEARING: 29/03/2007

EX TEMPORE JUDGMENT DATE : 29 March 2007

APPLICANT Mr G. McKee, solicitor of McKee Legal Solutions

LEGAL REPRESENTATIVES: RESPONDENT Mr T. Pickup, solicitor of Storey & Gough Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

29 March 2007

11126 of 2006 Frank Galea v Hornsby Shire Council

JUDGMENT 1 This is a Class 1 Appeal No. 11126 of 2006 between Frank Galea and Hornsby Shire Council in regard to a proposed subdivision on seven lots on Lot 3, DP 18922 at No. 124 Castle Hill Road, West Pennant Hills.

2 The subdivision is an existing large residential parcel and the proposal is for six house lots varying between 500 and 600 sq m in area and one community lot being an access way along the eastern boundary. The proposal includes areas within the total parcel that contain the endangered species and ecological community of Blue Gum High Forest. It is intended to protect and provide maintenance and re-planting in three such areas on the site. One of them is along the Castle Hill Road frontage, another one along the western side boundary and the third at the rear of the allotment to include connectivity over to a very large tree called tree 16 in the north-east corner of the allotment.