Arden Anglican School vs Hornsby Shire Council 1st Respondent, and Unilever Australia Pty Limited 2nd Respondent [2007] NSWLEC 285

Land and Environment Court of New South Wales

CITATION : Arden Anglican School vs Hornsby Shire Council 1st Respondent, and Unilever Australia Pty Limited 2nd Respondent [2007] NSWLEC 285

APPLICANT Arden Anglican School

PARTIES : 1ST RESPONDENT Hornsby Shire Council

2ND RESPONDENT Unilever Australia Pty Limited

FILE NUMBER(S) : 10636 of 2006

CORAM: Hoffman C

KEY ISSUES: Development Consent :- refusal of consent for the use of an office park building and grounds for year 11 and 12 school facilities, amenity of other tenants, need for future school plan, inadequate student facilities, pedestrian safety, owners consent, acoustic impact, security considerations.

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

DATES OF HEARING: 9-10/11/2006, 24/01/2007, 13/03/2007, 2-4/04/2007.

DATE OF JUDGMENT: 25 May 2007

APPLICANT Mr I. Hemmings, barrister instructed by Ms M Peatman of Hunt & Hunt solicitors

1st RESPONDENT LEGAL REPRESENTATIVES: Mr P. Jackson, solicitor instructed by Ms F Milner of Pike Pike & Fenwick solicitors.

2nd RESPONDENT Ms S. Duggan, barrister instructed by Ms S. Brand of Baker Mackenzie solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C