NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Willis v Hornsby Shire Council [2008] NSWLEC 1378
APPLICANT Ken Willis PARTIES : RESPONDENT Hornsby Shire Council
FILE NUMBER(S) : 10567 of 2008
CORAM: Hussey C
KEY ISSUES: Building Certificate :- completed stone wall, adverse amenity impacts on neighbouring property.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 1994
DATES OF HEARING: 27/08/2008 and 16/09/2008
EX TEMPORE JUDGMENT DATE : 16 September 2008
APPLICANT Mr D. Williams, solicitor of Whitehead Cooper Williams with Mr K. Willis, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Mr T. Pickup, solicitor of Storey & Gough
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
16 September 2008
10567 of 2008 Ken Willis v Hornsby Shire Council
JUDGMENT Background 1 This appeal was lodged against council's refusal of a Building Certificate for a dry stacked stone retaining wall at 68A Eastcote Road, North Epping.
2 This site is zoned Residential A (Low Density) under Hornsby LEP 1994. Clause 9 of the LEP requires consent to carry out a work or any other development on land for any purpose where the work or other development has, in the opinion of the Council, the effect of significantly affecting the natural environment, through either filling or excavation.
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