Oboodi v Hornsby Shire Council [2018] NSWLEC 1512

Land and Environment Court New South Wales

Medium Neutral Citation: Oboodi v Hornsby Shire Council [2018] NSWLEC 1512 Hearing dates: 26-27 September 2018 Date of orders: 02 October 2018 Decision date: 02 October 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Modification Application No. 320/2015/A for the layout and detailed design of the driveway, limited to the crossover across the road reserve and the configuration of the driveway for a distance of 14 metres measured from the street boundary into the site, at 88 Malton Road, Beecroft, is approved, subject to the consolidated conditions of consent at Annexure A. (3) The exhibits, other than exhibits 3 and A, are returned. Catchwords: MODIFICATION APPLICATION: layout and detailed design of driveway crossover and modification of part of the approved driveway; impact of the driveway construction on trees in the road reserve identified as a heritage item; access requirements of the Rural Fire Service; no issues pressed by the respondent following the amendment of the application; no power to impose a new condition on an aspect of the development which is unaffected by the modification sought in the application. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 97 LGERA 433 1643 Pittwater Road Pty Ltd v Pittwater Council 11 Elvina Avenue Pty Ltd v Pittwater Council Doering v Pittwater Council 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685 Category: Principal judgment Parties: Mohammad Oboodi Mehr and Samiheh Oboodi Mehr (Applicant) Hornsby Shire Council (Respondent) Representation: Solicitors: G McKee, McKee's Legal Solutions (Applicant) A Pickup, Local Government Legal (Respondent) File Number(s): 2017/366863 Publication restriction: No