Developcorp Pty Ltd v Hornsby Shire Council [2017] NSWLEC 1232

Land and Environment Court New South Wales

Medium Neutral Citation: Developcorp Pty Ltd v Hornsby Shire Council [2017] NSWLEC 1232 Hearing dates: 4 May 2017 Date of orders: 09 May 2017 Decision date: 09 May 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. Development application No. 1699/2015 for a multi- unit housing development at No.'s 12 and 14 Carden Avenue, Wahroonga is approved subject to the conditions set out in Annexure "A". 3. The exhibits, other than Exhibits 1 and F, are returned. Catchwords: DEVELOPMENT APPLICATION: Multi-unit housing development; resolution of contentions by amended plans and conditions Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Hornsby Local Environmental Plan 2013 Category: Principal judgment Parties: Developcorp Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Solicitors: Mr J Cole, HWL Ebsworth Lawyers (Applicant) Mr P Jackson, Pikes & Verekers Lawyers (Respondent) File Number(s): 2016/184981 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under section 97(1) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Hornsby Shire Council (the Council) of Development Application No. DA/16992015 (the application). 2. The application, as amended, proposes the demolition of all existing structures on the site and the construction of a multi-unit housing development containing 10 dwellings each being two storeys plus attic over a common basement car park with 20 car spaces. The development comprises two 2 bedroom and eight 3 bedroom dwellings. 3. The development as refused comprised three storeys in a residential flat building form containing 16 dwellings. This development was notified and two objections were lodged in response. The objectors raised concerns with site isolation, the development being inconsistent with the character of the area in terms of bulk and scale (with no other three level buildings in the area), inadequate landscaping, and parking and traffic concerns. 4. The amended application was also notified with no objections lodged and the Court was advised that one of the two original objectors was satisfied with the proposal as amended.