Northcote Trust v Hornsby Shire Council [2012] NSWLEC 1327

Land and Environment Court New South Wales

Medium Neutral Citation: Northcote Trust v Hornsby Shire Council [2012] NSWLEC 1327 Hearing dates: 13,14 November 2012 Decision date: 29 November 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application No. DA/334/2011 for the erection of a part 2 and part 3 storey affordable rental housing development at 8A Northcote Road, Hornsby is refused. 3. The exhibits are returned with the exception of exhibit 2. Catchwords: DEVELOPMENT APPLICATION; erection of affordable rental housing development - whether compatible with the character of local area - the unsuitability of the access handle - unsuitable access for people with a disability from the basement car park - resident concerns Legislation Cited: Environmental Planning and Assessment Act 1979 Hornsby Shire Local Environmental Plan 1994 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Peninsula Development Australia Pty Limited v Pittwater Council [2011] NSWLEC 1244 Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Northcote Trust (Applicant) Hornsby Shire Council Respondent) Representation: Mr I Hemmings, barrister (Applicant) Mr A Seton, solicitor (Respondent) Solicitors Whittens Lawyers and Consultants (Applicant) Marsdens Law Group (Respondent) File Number(s): 11109 of 2011