Radray Constructions v Hornsby Shire Council [2007] NSWLEC 34

Land and Environment Court of New South Wales

CITATION : Radray Constructions v Hornsby Shire Council [2007] NSWLEC 34

Applicant: Radray Constructions Pty Ltd PARTIES : Respondent: Hornsby Shire Council

FILE NUMBER(S) : 11650 of 2004

CORAM: Roseth SC

KEY ISSUES: Development Application :- building on riparian zone, development under Seniors Living SEPP

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Rivers and Foreshore Improvement Act 1948 Threatened Species Act 1995

DATES OF HEARING: 23/01/2007, 24/01/2007 and 25/01/2007

DATE OF JUDGMENT: 31 January 2007

Applicant: LEGAL REPRESENTATIVES: Mr P Rigg, solicitor of Deacons Lawyers Respondent: Mr R Graham, solicitor of Abbott Tout

JUDGMENT: - 10 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

31 January 2007

11650 of 2004 Redray Constructions Pty Ltd v Hornsby Shire Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Hornsby Shire Council of an application to demolish the existing buildings and erect a Seniors Living development containing 18 dwellings over basement parking on lot 12 DP 571045 (15 Eyles Avenue) and lot 3 DP 201713 (15 Anthony Street), Carlingford.

The site 2 The site, while large at 3,787m2, is highly constrained. It has access from both Eyles Avenue and Anthony Street. More than half of it is inundated in the 1:100 flood event. In heavy floods the velocity of water makes it unsafe to move around on the grounds. An open watercourse flows northward through the centre of the site to become a tributary of Devlins Creek. It contains substantial native trees, in particular Sydney Blue Gum and Rough-Barked Apple. Its boundaries are common with the side and rear boundaries of several properties facing Eyles Avenue and Anthony Street.