Ezzy Architects Pty Limited v Hornsby Shire Council [2015] NSWLEC 1525

Land and Environment Court New South Wales

Medium Neutral Citation: Ezzy Architects Pty Limited v Hornsby Shire Council [2015] NSWLEC 1525 Hearing dates: 10-11 December 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: staged mixed use development – concept approval Legislation Cited: Environmental Planning and Assessment Act 1979; Hornsby Local Environmental Plan 2013; State Environmental Planning Policy No 55 – Remediation of Land; State Environmental Planning Policy (Infrastructure) 2007; State Environmental Planning Policy (Building Sustainability Index - BASIX) 2004; Sydney Regional Environmental Plan No 20 – Hawkesbury Nepean River (No 2 – 1997); State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Texts Cited: Hornsby Development Control Plan 2013; Residential Flat Design Code; Hornsby West Side Traffic Study 2013 Category: Principal judgment Parties: Ezzy Architects Pty Limited (Applicant)

Hornsby Shire Council (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant)

Solicitors: Ms M Peatman Marsdens Law Group (Applicant)

Mr A Seton Hunt & Hunt (Respondent) File Number(s): 10733 of 2015

Judgment 1. Ezzy Architects Pty Limited (Ezzy) lodged Development Application 371/2015 with Hornsby Shire Council on 7 April 2015 seeking consent for a staged development comprising demolition of existing structures and concept proposal for a 25 storey mixed use development comprising 220 residential units, entertainment facility, retail and commercial floor space and 8 levels of basement car parking. 2. Ezzy filed an appeal against the council's deemed refusal of the application on 27 August 2015. 3. Subsequent to the appeal, the Sydney West Joint Regional Planning Panel (SWJRPP) refused consent to the application on 2 September 2015. 4. Since the application was determined, the applicant has been granted leave on two occasions to rely on amended plans. 5. During the hearing the applicant sought and was granted leave to rely on further amended plans subject to payment of the council's costs thrown away pursuant to the provisions of s97B of the Environmental Planning and Assessment Act 1979 (EP&AAct) 6. The plans now before the Court, Exhibit E, propose staged development consent for a concept approval of a 25 storey mixed use development comprising retail, commercial and residential floor space and 8 levels of basement car parking. The purpose of the concept approval is to define the building envelope for future development of the site.