Parkyn v Hornsby Shire Council [2005] NSWLEC 153

Land and Environment Court of New South Wales

CITATION : Parkyn v Hornsby Shire Council [2005] NSWLEC 153

APPLICANT Kay L Parkyn

PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11627 of 2004

CORAM: Hoffman C

KEY ISSUES: Development Consent :- Preliminary question of fact

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

DATES OF HEARING: 07/04/2005 EX TEMPORE JUDGMENT DATE : 04/07/2005

APPLICANT Mr G McKee, solicitor SOLICITORS MCKEES LEGAL REPRESENTATIVES: RESPONDENT Mr I Woodward, solicitor SOLICITORS Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

7 April 2005

11627 of 2004 Kay L Parkyn v Hornsby Shire Council

JUDGMENT 1 This was a class one appeal No. 11627 of 2004 between Kay L Parkyn and Hornsby Shire Council in regard to an appeal against the refusal of the council to grant a s 96 application to amend a development consent issued No. DA 71/02 for a property described as Lot 501 DP 85633 being No. 831 Old Northern Road, Dural.

2 The hearing was attended for the respondent by: o Mr I Woodward, solicitor o Mr L Nagy, traffic engineer for the council o Ms S Correia, planner for the council, o Mr A P Gaul, objector and resident of 85 Quarry Road o Mr D Burkhardt, objector and resident of 12 Hemers Road, Dural o Ms J Mettam, objector and resident of 53 Quarry Road, Dural o Mr P Mettam, objector and resident of 53 Quarry Road, Dural. and o Mr C Norris, objector and resident of 36 Quarry Road, Dural. 3 For the applicant was represented by: o Mr G McKee, solicitor o Ms Kay Parkyn, licensee and owner of property and o Ms L Connolly, associate. 4 At the commencement of the hearing the Court was taken to the circumstances applying to the application which in summary can be stated as follows: