Daly v Hornsby Shire Council [2007] NSWLEC 745

Land and Environment Court of New South Wales

CITATION : Daly v Hornsby Shire Council [2007] NSWLEC 745

APPLICANT Phillip Daly PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10957 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of two existing dwellings and the erection of a medium density residential development - compliance with Masterplan - future access - loss of privacy - private open space

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

DATES OF HEARING: 31/10/07

DATE OF JUDGMENT: 1 November 2007

APPLICANT Mr A Galasso SC SOLICITORS Gadens Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr T Pickup, solicitor SOLICITORS Storey and Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

1 November 2007

10957 of 2006 Phillip Daly v Hornsby Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Hornsby Shire Council (the council) of DA 1007/2005 for the demolition of two existing dwellings and the erection of a medium density residential development at 3 and 5 Turner Road, Berowra Heights (the site). The site 2 The site comprises two battle-axe allotments with a total site area of 2,498 sq m. The property at 3 Turner Road is described as Lot 8 in DP 232401 and 5 Turner Road is described as Lot 3 in DP 223291. The site is relatively flat with a fall of approximately 1.5 m from the southern corner to the northern corner. The access handle has a more noticeable slope, falling towards the street at an average grade of 6%.