Hand v Hornsby Shire Council [2017] NSWLEC 1063

Land and Environment Court New South Wales

Medium Neutral Citation: Hand v Hornsby Shire Council [2017] NSWLEC 1063 Hearing dates: 1 February 2017 Date of orders: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1. The appeal is dismissed. 2. Development application DA/180/2016 for the completion and use of the free standing double carport at 32A Castle Howard Road, Cheltenham is refused. 3. The exhibits are returned with the exception of exhibits 1, and the Class 1 application filed on November 4 2016. Catchwords: DEVELOPMENT APPEAL: consent sought for illegal carport – encroachment into road reserve – impact of encroachment on public land and services - streetscape and visual impact of structure. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Ireland v Cessnock City Council, [1999] 103 LGERA 285 Signorelli Investments Pty Ltd v Sutherland Shire Council, [2001] NSWLEC78 Texts Cited: NSW Streets Opening Conference: Guide to Codes and Practices for Streets Opening, 2009 Category: Principal judgment Parties: Peter Hand (Applicant) Hornsby Shire Council (Respondent) Representation: Peter Hand, Litigant in person (Applicant) Solicitors: T Bush, Pikes & Verekers Lawyers (Respondent) File Number(s): 2016/00330342 Publication restriction: No