Willis V Hornsby Shire Council [2007] NSWLEC 98

Land and Environment Court of New South Wales

CITATION : Willis V Hornsby Shire Council [2007] NSWLEC 98

APPLICANT Kenneth Willis PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11103 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- use of an existing shop for a medical centre - need for a disabled car parking space

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

DATES OF HEARING: 23/02/07

EX TEMPORE JUDGMENT DATE : 23 February 2007

APPLICANT Mr D Williams, solicitor SOLICITORS Whitehead Cooper Williams LEGAL REPRESENTATIVES: RESPONDENT Mr K Webber, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

23 February 2007

11103 of 2006 Kenneth Willis V Hornsby Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Hornsby Shire Council (the council) of Development Application No. 1211/2006 to use an existing shop for a medical centre at 165 - 167 Pacific Highway, Hornsby (the site).

2 The proceedings were heard as an On Site Hearing on 23 February 2007 and the judgement reflects the contents of the Statement of Basic Facts and the findings given on-site.

3 The site has an area of 374 square metres and contains an existing shop that was previously occupied as a video store on the ground floor. Two residential units are located on the first floor. Rear access is available across adjoining properties by way of an easement from Dural Lane.