Radray Constructions Pty Ltd v Hornsby Shire Council [2014] NSWLEC 1024

Land and Environment Court New South Wales

Medium Neutral Citation: Radray Constructions Pty Ltd v Hornsby Shire Council [2014] NSWLEC 1024 Hearing dates: 22 to 25 and 28 October 2013 Decision date: 14 February 2014 Jurisdiction: Class 1 Before: Hussey C and Dixon C Decision: 1. The appeal is dismissed. 2. Development consent to DA 627/2012 for the construction of a Seniors Living development comprising 13 dwellings, flood mitigation works and restoration of the watercourse at 15 Eyles Avenue, Epping and 15 Anthony Street, Carlingford is refused. 3. The exhibits be returned except for 1, 8, 9 and A. Catchwords: Development application: Seniors living development, flood risk, built form, impacts on trees, public interest Legislation Cited: State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy - Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. State Environmental Planning Policy (Building Sustainability Index -BASIX) 2004 Hornsby Local Environmental Plan 1994 Draft Hornsby Local Environmental Plan NSW Floodplain Development Manual Draft Floodmaps 2010 Revised Local Government Act 1993 Sustainable Water Development Control Plan Threatened Species Conservation Act 1995 Waste Minimisation & Management Development Control Plan Waste Minimisation Act 2000 Category: Principal judgment Parties: Radray Constructions Pty Ltd (Applicant)