NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Collins v Hornsby Shire Council [2019] NSWLEC 1263 Hearing dates: 14 and 15 March 2019 Date of orders: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to amend the development application and rely on amended plans; (2) The appeal is dismissed; (3) Development application DA/190/2017, as amended, for the subdivision of land at 11A Newline Road, West Pennant Hills, is determined by refusal; (4) The exhibits are returned, except Exhibits 1 and G. Catchwords: DEVELOPMENT APPLICATION – Torrens Title Subdivision of land – one lot into two lots – whether the potential impacts to significant and indigenous trees is acceptable – whether the Applicant's proposals for on-site detention of stormwater are acceptable. Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Hornsby Local Environment Plan 2013 Land and Environment Court Act 1979 Texts Cited: Australian Standard AS4970-2009 Protection of trees on development sites Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Daryl Collins (Applicant) Hornsby Shire Council (Respondent) Representation: Solicitors:
G McKee, McKees Legal Solutions (Applicant) P Jackson, Pikes and Verekers (Respondent) File Number(s): 2018/237337 Publication restriction: No
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