Oboodi v Hornsby Shire Council [2019] NSWLEC 1287

Land and Environment Court New South Wales

Medium Neutral Citation: Oboodi v Hornsby Shire Council [2019] NSWLEC 1287 Hearing dates: 27-28 February 2019 Date of orders: 05 August 2019 Decision date: 24 June 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted for the construction of a two-storey dwelling house on each of Lot 2 and Lot 3 created by the approved subdivision of 88 Malton Road, Beecroft, subject to the conditions of consent in Annexure A. (3) Exhibits G, J and 12 are returned. Catchwords: APPEAL – development application – construction of two dwellings on new lots created by subdivision – heritage – engineering – adequacy of right of way over adjacent property – scale of the proposed dwellings –amenity of private open space – visual impact – replacement plantings – whether Vegetation Management Plan for subdivision can be considered in determining whether there is a net improvement in indigenous vegetation – directions made concerning landscape plan Legislation Cited: Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 2013 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Cases Cited: Currey v Sutherland Shire Council [1998] NSWSC 398 King v Great Lakes Shire Council (1986) 58 LGRA 366 North Sydney Council v Ligon 302 Pty Ltd (1996) 137 ALR 644 Woolworths Ltd v Bathurst City Council (1987) 63 LGRA 55 Texts Cited: Green Offsets Code, Hornsby Shire Council, 9 September 2015 Green Offsets Code (Draft), Hornsby Shire Council, 12 September 2018 Hornsby Bushfire Prone Land Map Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Mehran Oboodi (Applicant) Hornsby Shire Council (Respondent) Representation: Solicitors: G McKee, McKee's Legal Solutions (Applicant) A Pickup, Local Government Legal (Respondent) File Number(s): 18/190765 Publication restriction: No