Abboud v Hornsby Shire Council [2014] NSWLEC 1133

Land and Environment Court New South Wales

Medium Neutral Citation: Abboud v Hornsby Shire Council [2014] NSWLEC 1133 Hearing dates: 23,24 June 2014 Decision date: 01 July 2014 Jurisdiction: Class 1 Before: Fakes C Decision: The appeal is dismissed Catchwords: SUBDIVISION: SEPP 1 objection; environmentally sensitive land Legislation Cited: Environmental Planning and Assessment Act 1979 Rural Fires Act 1997 Threatened Species Conservation Act 1995 State Environmental Planning Policy No. 1 - Development Standards Hornsby Local Environmental Plan 1994 Hornsby Local Environmental Plan 2013 Cases Cited: Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited [2010] NSWLEC 48 Wehbe v Pittwater Council [2007] NSWLEC 827 Winton Property Group Limited v North Sydney Council [2001] NSWLEC 46 Category: Principal judgment Parties: Ms Ana Abboud (Applicant) Hornsby Shire Council (Respondent) Representation: Applicant: Mr Peter Rigg (Solicitor) Respondent: Mr Adam Seton (Solicitor) Applicant: Norton Rose Fulbright Respondent: Marsdens Law Group File Number(s): 10060 of 2014

Judgment 1COMMISSIONER: In March 2013 the applicant purchased a two hectare property in Quarry Road, Dural. The property is traversed by a 20m wide unformed Crown road reserve. Within the Crown road reserve is a 3.0-3.5m wide dirt track that serves the applicant and the owners of two other properties to the south. 2In July 2013 the applicant lodged development application DA/720/2013 for the Torrens Title subdivision of the 2ha lot into two lots. Hornsby Shire Council refused the application on 6 December 2013. The applicant appeals council's refusal under s 97 of the Environmental Planning and Assessment Act 1979 (the EPA Act). 3The proposed lots are either side of the Crown road reserve. Proposed Lot 1 to the east has an area of 0.815 ha and contains an existing dwelling. Proposed Lot 2 to the west of the road has an area of 1.185 ha and is currently vacant. 4The acknowledged purpose behind the proposed subdivision is the creation of another lot on which a dwelling could be constructed. The plans show the indicative location of a dwelling on proposed Lot 2 and the location of an access driveway off the Crown road. The bush fire assessment has been undertaken on the basis that a dwelling would eventually be erected on the site. 5As the size of the proposed lots is less than the size specified in the relevant Local Environmental Plan, the applicant has lodged an objection in accordance with State Environmental Planning Policy No. 1 - Development Standards (SEPP1).