Malton Road Development Pty Ltd v Hornsby Shire Council [2018] NSWLEC 1265

Land and Environment Court New South Wales

Medium Neutral Citation: Malton Road Development Pty Ltd v Hornsby Shire Council [2018] NSWLEC 1265 Hearing dates: 4 and 28 May 2018 Date of orders: 05 June 2018 Decision date: 05 June 2018 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) Leave is granted to rely on amended joint expert report for access of 25 May 2018. (2) Leave is granted to rely on amended Clause 4.6 variation report of 30 May 2018. (3) The appeal is upheld. (4) Development Application DA/1257/2016 associated with Lot 1 DP 950410 and Lot 1 DP 943264, also known as 6 and 8 Malton Road, Beecroft is approved, subject to the conditions in Annexure A. (5) The Exhibits, except Exhibits 1, 4, F and H are returned. Catchwords: APPEAL: development application: infill self-care housing; clause 4.6 variation; access pathway; SEPP seniors housing clause 26. Legislation Cited: Hornsby Local Environmental Plan 2013 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Wehbe v Pittwater Council [2007] NSWLEC827 Category: Principal judgment Parties: Malton Road Development Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Solicitors: G McKee, McKees Legal Solutions (Applicant) P Hudson, Marsden Law Group (Respondent) File Number(s): 2017/299343 Publication restriction: No