Hammond Smeallie & Co. Pty Ltd v Hornsby Shire Council [2008] NSWLEC 1473

Land and Environment Court of New South Wales

CITATION : Hammond Smeallie & Co. Pty Ltd v Hornsby Shire Council [2008] NSWLEC 1473

APPLICANT Hammond Smeallie & Co. Pty Ltd PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10468 of 2008

CORAM: Hussey C

KEY ISSUES: Development Application :- Subdivision, buffer to Blue Gum High Forest, drainage safety

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

DATES OF HEARING: 27/10/2008, 28/10/2008 and 7/11/2008

DATE OF JUDGMENT: 10 December 2008

APPLICANT Mr G. McKee, solicitor of Mckees Legal solutions LEGAL REPRESENTATIVES:

APPLICANT Mr P. Jackson, solicitor of Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

10 December 2008

10468 of 2008 Hammond Smeallie & Co. Pty Ltd v Hornsby Shire Council

JUDGMENT Background 1 This appeal was lodged against council's refusal of a subdivision application to create 6 community title lots, 1 community title road access and stormwater infrastructure lot and 6 Torrens title residential lots, on land situated at 13 Ridgemont Close, Cherrybrook.

2 A number of issues were identified for the appeal, which are summarised as follows: o Adverse impact on Blue Gum High Forest (BGHF) and provision of an adequate buffer. o Lot layout with particular reference to the utility of private open space areas. o Road, drainage infrastructure. o Public interest. 3 Following conferencing between the parties, further amendments were undertaken and this included the deletion of 1 Torrens title lot (Lot 11), so as to provide an effective 6m wide buffer to the BGHF area along the full frontage of this property. These amendments have resulted in the party's agreement to the amended plans and conditions of consent.