The Turnbull Group Pty Ltd v Hornsby Shire Council (No.2 ) [2007] NSWLEC 48

Land and Environment Court of New South Wales

CITATION : The Turnbull Group Pty Ltd v Hornsby Shire Council (No.2 ) [2007] NSWLEC 48

APPLICANT The Turnbull Group Pty Ltd PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11362 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Judgment and orders for alterations and extentions to a hotel, acoustic/noise, landscaping and security control

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 05/02/2007

DATE OF JUDGMENT: 7 February 2007

APPLICANT Mr M Staunton, solicitor SOLICITORS Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENT Mr I Woodward, solicitor SOLICITORS Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

7 February 2007

11362 of 2006 The Turnbull Group Pty Ltd v Hornsby Shire Council

JUDGMENT Background 1 This appeal concerns council's refusal of a development application for alterations and extensions to the Dural Hotel. The matter commenced with an on-site hearing (OSH) on 24 October 2006 where the Court had the opportunity to inspect the site and hear a number of objections from neighbours.

2 From this, I presented my preliminary judgment indicating that development could be granted conditional development consent subject to conditions requiring a 12 month trial period, improvement of acoustic treatments, satisfactory car parking arrangements being made, the Environmental Management Plan (EMP) being reviewed to incorporate relevant planning matters and the location of perimeter fencing to be finalised.