M & R Civil Pty Ltd v Hornsby Shire Council (No 2) [2003] NSWLEC 436

> Land and Environment Court of New South Wales

CITATION : M & R Civil Pty Ltd v Hornsby Shire Council (No 2) [2003] NSWLEC 436 APPLICANT M & R Civil Pty Ltd PARTIES : RESPONDENT Hornsby Shire Council . FILE NUMBER(S) : (1)0381 of 2002 CORAM: Roseth SC - Moore C Development Application :- SEPP 5 development KEY ISSUES: Water supply and sewerage disposal Traffic arrangements . Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 5 - Housing for Older People and People with a Disability Hornsby Local Environmental Plan 1994 . CASES CITED: DATES OF HEARING: 1 April 2003 EX TEMPORE JUDGMENT DATE : 04/01/2003

APPLICANT Mr D Officer, QC SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr A Galasso, barrister SOLICITORS Mr I Woodward, council solicitor

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

(1)0381 of 2002 Roseth SC Moore C 1 April 2004 M & R Civil Pty Ltd Applicant

v Hornsby Shire Council Respondent Judgment

1. On 11 February, at a mention for this case, we gave a preliminary decision on a number of issues and we indicated that if we received evidence that water and sewerage arrangements are satisfactory to Sydney Water and if no determinative issue arose out of consultation with Baulkham Hills Shire Council and affected residents along Old Northern Road, that is to say, residents who are affected by the proposed traffic arrangements, that we would then give consent to this proposal.