NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Zhiva Living Dural Pty Ltd v Hornsby Shire Council [2019] NSWLEC 1222 Hearing dates: 6 – 10 May 2019 Date of orders: 22 May 2019 Decision date: 22 May 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are: (1) the Applicant is granted leave to amend the development application and to rely on amended plans, including amended landscape plans; (2) the appeal is dismissed; (3) the exhibits are returned, except Exhibits A, B and 1. Catchwords: DEVELOPMENT APPLICATION – Seniors living development – whether the proposed development satisfies the provisions of cl 55 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 – whether a jurisdictional precondition can be cured by the grant of consent with conditions. Legislation Cited: Environmental Planning and Assessment Act 1979 Hornsby Local Environment Plan 2013 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Texts Cited: Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Zhiva Living Dural Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: S Duggan SC (Applicant) M Wright SC (Respondent)
Solicitors: Mills Oakley (Applicant) Pikes and Verekers (Respondent) File Number(s): 2018/292092 Publication restriction: No
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