Hornsby Shire Council v Trives [2014] NSWLEC 171

Land and Environment Court New South Wales

Medium Neutral Citation: Hornsby Shire Council v Trives [2014] NSWLEC 171 Hearing dates: 20 October 2014 Decision date: 20 October 2014 Before: Craig J Decision: (1)The separate questions posed for determination on 21 August 2014 be answered in the manner indicated in [32]. (2)The proceedings be stood over for further directions to Friday 14 November 2014. (3)The First Respondent must pay the Applicant's costs of and associated with the determination of the separate questions. Catchwords: ADMINISTRATIVE LAW - judicial review proceedings - separate question - whether complying development certificates validly issued - whether proposed development properly characterised as "detached studio" under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - meaning of "ancillary development" - whether proposed structure was ancillary to the existing dwelling house - structure proposed comprised a suite of rooms capable of being used as a separate domicile - whether development for separate purpose of additional dwelling house - whether development for that purpose permissible with consent in the land use zone applicable to the proposed development - whether upon erection of the proposed structure there would be more than one dwelling house on the same lot - cll 1.18, 3.5 and 3.8 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - complying development certificates not validly issued Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Hornsby Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Foodbarn Pty Ltd v Solicitor-General (1975) 32 LGRA 157 Woolworths Ltd v Pallas Newco Pty Ltd [2004] NSWCA 422; 61 NSWLR 707 Category: Separate question Parties: Proceedings 14/40215 Hornsby Shire Council (Applicant) Simon Trives (First Respondent) Lachlan Bardo (Second Respondent) Jing Yan (Third Respondent)