Kerr v Hornsby Shire Council [2019] NSWLEC 1138

Land and Environment Court New South Wales

Medium Neutral Citation: Kerr v Hornsby Shire Council [2019] NSWLEC 1138 Hearing dates: 15 March 2019 Date of orders: 09 April 2019 Decision date: 09 April 2019 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The Applicant is granted leave to amend the development application and rely on the plan entitled "Plan of Proposed Accessway Location for D.A. 1485/2016 for Lot 5 in D.P. 563935 103A Copeland Road - Beecroft", Plan No. S.15432H, prepared by P.S Graham & Associates dated 22 January 2019. (2) The appeal is upheld. (3) Development Application No. DA/1485/2016 for the demolition of existing pool, Torrens title subdivision of one lot into two lots and reconstruction of an existing access handle in respect of the land at 103A Copeland Road, Beecroft (Lot 5 DP 563935) is approved subject to the conditions in Annexure "A". (4) The exhibits, except for Exhibits 1, 7, B, D and G are returned. Catchwords: DEVELOPMENT APPLICATION: dual occupancy; consent orders; reciprocal rights of carriage way; owners consent; flood management; tree preservation. Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Environmental Protection and Assessment Regulation 2000 Hornsby Local Environment Plan 2013 Land and Environment Court Act 1979 Sydney Regional Environmental Plan – Sydney Harbour Catchment 2005 Texts Cited: Hornsby Development Control Plan 2013 Practice Note - Class 1 Development Appeals Category: Principal judgment Parties: Christopher Anthony Kerr (First Applicant) Monika Marie Kerr (Second Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: J Reid (Applicants)