Johnson v Hornsby Shire Council [2014] NSWLEC 1215

Land and Environment Court New South Wales

Medium Neutral Citation: Johnson v Hornsby Shire Council [2014] NSWLEC 1215 Hearing dates: 14-15 October 2014 Decision date: 21 October 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. DA 199/2014 for a new dwelling on proposed Lot 2 at 39 Hannah Street Beecroft, is refused. 3. The exhibits, other than exhibits 1 and G, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a new dwelling; height, floor area, privacy; and impact on remnant Blue Gum High Forest identified as critically endangered ecological community. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 Threatened Species Conservation Act 1995 Category: Principal judgment Parties: Mr Raymond Johnson (Applicant) Hornsby Shire Council (Respondent) Representation: David Baird Solicitor (Applicant) Adam Seton Solicitor (Respondent) HWL Ebsworth Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 10562 of 2014

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 199/2014 for a new dwelling (the proposal) on proposed Lot 2 of 39 Hannah Street, Beecroft (the site) by Hornsby Council (the Council). 2The appeal was to be subject to mandatory conciliation on 14 October 2014 in accordance with the provisions of s34AA of the Land and Environment Court Act 1979, however, the parties advised, at the commencement of the proceedings on site, that there was no prospect of an agreement being reached and so the conciliation conference was terminated, pursuant to s34AA(2)(b) and a hearing held forthwith, pursuant to s 34AA(2)(b)(i).