Symon v Hornsby Shire Council [2015] NSWLEC 1028

Land and Environment Court New South Wales

Medium Neutral Citation: Symon v Hornsby Shire Council [2015] NSWLEC 1028 Hearing dates: 15 January 2015 Date of orders: 27 February 2015 Decision date: 27 February 2015 Jurisdiction: Class 1 Before: Pearson C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION – Seniors Living – Proposed development more than 400m from nearest bus stop – State Environmental Planning Policy No 1 objection Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No 1 – Development Standards State Environmental Planning Policy No 5 – Housing for Older People or People with a Disability Hornsby Local Environmental Plan 2013 Cases Cited: Agostino v Penrith City Council (2010) 172 LGERA 380 Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 Blue Mountains City Council v Laurence Browning Pty Ltd (2006) 150 LGERA 130 Georgakis v North Sydney Council [2004] NSWLEC 123 Residents Against Improper Development Inc v Chase Property Investments Pty Ltd [2006] NSWCA 323 Strathfield Municipal Council v Poynting (2001) 116 LGERA 319 Wehbe v Pittwater Council (2007) 156 LGERA 446 Wilson Parking 1992 Pty Ltd v Council of the City of Sydney [2014] NSWLEC 12 Category: Principal judgment Parties: George Symon (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: