Boston Blyth Fleming v Hornsby Shire Council [2018] NSWLEC 1270

Land and Environment Court New South Wales

Medium Neutral Citation: Boston Blyth Fleming v Hornsby Shire Council [2018] NSWLEC 1270 Hearing dates: 15, 16 May 2018 Date of orders: 07 June 2018 Decision date: 07 June 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) Leave is granted to rely on amended plans. (2) The appeal is upheld. (3) Consent is granted for Development Application 1540/2016 for a Seniors Living Residential Care Facility and associated demolition, vegetation removal and construction work at 705-717 Old Northern Road, Dural subject to the conditions at Annexure A. (4) The exhibits are returned with the exception of Exhibits A and 2. Catchwords: DEVELOPMENT APPLICATION: seniors living development - residential care facility – compatibility with rural character Legislation Cited: Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 2013 Hornsby Development Control Plan 2011 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: GPC No 5 (Wombarra) Pty Ltd v Wollongong City Council [2003] NSWLEC 268 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: North District Plan by Greater Sydney Commission Category: Principal judgment Parties: Boston Blyth Fleming (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant)