NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Drewitt-Smith v Hornsby Shire Council [2008] NSWLEC 62
APPLICANT John Drewitt-Smith PARTIES : RESPONDENT Hornsby Shire Council
FILE NUMBER(S) : 10664 of 2007
CORAM: Hussey C
KEY ISSUES: Development Application :- Subdivision, minimum lot size in sloping topography, character of area, overdevelopment, overlooking, aural impacts.
Environmental Planning and Assessment Act 1979 Sydney Regional Environmental Plan No. 20 Hornsby Local Environmental Plan 1994 LEGISLATION CITED: Dwelling House Development Control Plan. Sustainable Water Development Control Plan. Car Parking Development Control Plan. Planning for Bushfire Protection, NSW Rural Fire Service
DATES OF HEARING: 12/02/2008
DATE OF JUDGMENT: 20 February 2008
APPLICANT Mr S. Kondilios, solicitor of Maddocks
LEGAL REPRESENTATIVES: RESPONDENT Mr A. Hudson, solicitor instructed by Mr T. Flaherty of Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
20 February 2008
10664 of 2007 John Drewitt-Smith v Hornsby Shire Council
JUDGMENT
Background. 1 This appeal was lodged against council's refusal of development application for a 5 - lot subdivision at 202 – 206 Somerville Road, Hornsby Heights.
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