Alexander v Hornsby Shire Council [2012] NSWLEC 1165

Land and Environment Court New South Wales

Medium Neutral Citation: Alexander v Hornsby Shire Council [2012] NSWLEC 1165 Hearing dates: 15 May 2012 Decision date: 19 June 2012 Jurisdiction: Class 1 Before: Whelan AC Decision: (1)The appeal is dismissed. (2)The development application number DA/809/2011 to subdivide and existing allotment into two allotments at No. 8 Frith Avenue Normanhurst, is refused. (3)The exhibits are returned with the exception of exhibit 1, 2 and A. Catchwords: DEVELOPMENT APPLICATION - appeal against the refusal of a development application - Subdivision - insufficient information - allotment design Legislation Cited: Hornsby Shire Local Environmental Plan 1994 Land and Environment Court Act 1979 Category: Principal judgment Parties: Robert Alexander (Applicant)

Hornsby Shire Council (Respondent) Representation: Counsel Mr P Jackson (Respondent)

Mr K Willis, Agent (Applicant) Solicitors Pikes Lawyers (Respondent) File Number(s): 10035 of 2012

Judgment 1COMMISSIONER: This is an appeal against the refusal of development application DA/809/2012 for a Torrens Title subdivision of one allotment into two. The property is 8 Frith Avenue Normanhurst. 2The proposal is for the land to be subdivided to create a front lot (72) of 505 sq m and a rear lot (71) of 500.25 sq m. Access to the rear lot is proposed via a battle-axe configuration including a 3 m wide right-of-way. 3Hornsby Shire Council refused the application on the basis that it failed to comply with the Residential Subdivision Development Control Plan. Council's refusal sighted provisions relating to density, allotment design, setbacks, private open space, access-way design, soil and water management and drainage control. Further, Council assessed that the application was deficient in not including; a stormwater concept plan, architectural plans, a contour plan (prepared by a registered surveyor) or an erosion and sedimentation plan. 4The appeal was set down for Conciliation/Arbitration under s 34AA of the Land and Environment Court Act 1979 (the Act). The matter was listed for 15 May 2012. 5During the Conciliation stage, the parties failed to reach an agreement and the Conciliation Conference was terminated pursuant to s 34AA(2)(b) of the Act. The proceedings were thereafter conducted under s 34AA(2)(b)(i) and considered the information presented during the Conciliation Conference. The parties agreed that the proceedings be conducted on site.