Bulldogs Pty Ltd v Hornsby Shire Council [2019] NSWLEC 1609

Land and Environment Court New South Wales

Medium Neutral Citation: Bulldogs Pty Ltd v Hornsby Shire Council [2019] NSWLEC 1609 Hearing dates: Conciliation conference on 20 September 2019; 28 October 2019; 15 November 2019 Date of orders: 06 December 2019 Decision date: 06 December 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure 'A'. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $12,500.00 within 28 days of the date of these orders made by the Court. (3) The appeal is upheld. (4) Development Application DA/1115/2017 for the demolition of existing structures, adaptive reuse of an existing dwelling, and construction of a seniors living development at 14-18 Sutherland Road, Cheltenham, NSW is approved subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – Housing for Seniors or People with a Disability – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP HSPD) State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55) Hornsby Local Environmental Plan 2013 (HLEP) Category: Principal judgment Parties: Bulldogs Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)