Cherrybrook Victory Christian Church v Hornsby Shire Council [2004] NSWLEC 178

Land and Environment Court of New South Wales

CITATION : Cherrybrook Victory Christian Church v Hornsby Shire Council [2004] NSWLEC 178 Cherrybrook Victory Christian Church Applicant PARTIES : Hornsby Shire Council Respondent FILE NUMBER(S) : 11102 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application :- housing for older people and people with a disability LEGISLATION CITED: CASES CITED: DATES OF HEARING: 05/04/04, 06/04/04 DATE OF JUDGMENT: 05/21/2004

Mr G McKee, solicitor LEGAL REPRESENTATIVES: Mr P Jackson, solicitor

JUDGMENT: - 7 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11102 of 2003

Roseth SC

21 May 2004

Cherrybrook Victory Christian Church Inc Applicant

v

Hornsby Shire Council Respondent

Judgment

Introduction 1 This is an appeal against the refusal by Hornsby Shire Council (the council) of a development application to subdivide lot A DP 335625, known as 125 New Line Road, Cherrybrook, into two allotments, to demolish two existing buildings on the proposed rear allotment, and to erect a development for older people and people with a disability consisting of eleven dwellings on the proposed rear allotment.

The site 2 The site is the rear allotment to be created in the application. It approximates a triangle in shape and has an area of 4,230m2. It slopes down towards the southeast. It cannot be seen from the road. On the south boundary it adjoins the rear of five properties (lots 21, 22, 23, 24 and 25 DP 262719 Bowerman Place). On the northeast boundary it adjoins four residential properties. Several of the surrounding properties are two-storey houses.