Khomoutov v Hornsby Shire Council [2006] NSWLEC 409

Land and Environment Court of New South Wales

CITATION : Khomoutov v Hornsby Shire Council [2006] NSWLEC 409

APPLICANTS Dmitri & Janelle Khomoutov PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10486 of 2006

CORAM: Hoffman C

KEY ISSUES: Appeal :- Alterations and additions to an existing building, foreshore character, foreshore building line, design element, loss of views, density, privacy, noise, landscaping, setbacks,

Hornsby Shire Local Environmental Plan 1994 LEGISLATION CITED: Sydney Regional Local Environmental Plan No. 20 – Hawkesbury and Nepean River Brooklyn Development Control Plan

DATES OF HEARING: 18/10/2006

EX TEMPORE JUDGMENT DATE : 10/18/2006

APPLICANT Mr R Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr T Pickup, solicitor SOLICITORS Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

18 October 2006

10486 of 2006 Dmitri & Janelle Khomoutov v Hornsby Shire Council

JUDGMENT 1 This is a class one appeal No. 10486 of 2006 between Dmitri and Janelle Khomoutov and Hornsby Shire Council in regard to the refusal of consent for alterations and additions to an existing two storey dwelling at Nos. 6-8 Wharf Street, Brooklyn. The alterations involve the construction at ground floor level of a combined study/guest room, and a sauna both on the southern façade away from the Hawkesbury River. The house has absolute waterfront to the river in the bay between the Brooklyn mainland and Long Island.