NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Radray Constructions Pty Ltd v Hornsby Council [2010] NSWLEC 1174
APPLICANT Radray Constructions Pty Ltd PARTIES : RESPONDENT Hornsby Council
FILE NUMBER(S) : 10339 of 2009
CORAM: Pearson C
KEY ISSUES: DEVELOPMENT APPLICATION :- Seniors living Flood prone land
Environmental Planning and Assessment Act 1979 Water Management Act 2000 LEGISLATION CITED: State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 Hornsby Shire Local Environmental Plan 1994 Hornsby Shire Low Density Multi-Unit Housing Development Control Plan Hornsby Shire Council Sustainable Water Development Control Plan
Radray Constructions Pty Ltd v Hornsby Shire Council [2007] NSWLEC 34 Segal & Anor v Waverley Council (2005) 64 NSWLR 177 CASES CITED: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237 Neate v Shellharbour City Council (No 2) [2007] NSWLEC 654 Chisholm v Pittwater Council and Anor [2000] NSWLEC 143
DATES OF HEARING: 23, 24, 25, 26 March, 30 April 2010; conditions 12 May 2010
DATE OF JUDGMENT: 2 August 2010
APPLICANT Mr I Hemmings, barrister Instructed by Mr J Hones LEGAL REPRESENTATIVES: Hones La Hood RESPONDENT Mr P Jackson, solicitor Pikes Lawyers
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