Robinson v Hornsby Shire Council [2020] NSWLEC 1053

Land and Environment Court New South Wales

Medium Neutral Citation: Robinson v Hornsby Shire Council [2020] NSWLEC 1053 Hearing dates: 16-17 December 2019 Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Consent is granted to DA/151/2018 for demolition, tree removal and community title subdivision of existing Lot 3 DP 524288 into six lots and new building work to the retained dwelling subject to the conditions in Annexure A. (3) The exhibits are returned with the exception of Exhibits A, B, J, O, P and 1. Catchwords: DEVELOPMENT APPLICATION – Proposed community title residential subdivision – permissibility – bushfire risk – ecological impacts – appropriateness of residential lot size – public submissions Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Environmental Protection and Biodiversity Conservation Act 1999 (Cth) Hornsby Local Environmental Plan 2013 Land and Environment Court Act 1979 Rural Fires Act 1997 State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 ­Chen v Hornsby Shire Council [2016] NSWLEC 1505 Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: NSW Rural Fire Service, Vegetation Clearing Code of Practice NSW Rural Fire Service, Planning for Bush Fire Protection (2006) NSW Rural Fire Service, Planning for Bush Fire Protection (2018) Category: Principal judgment Parties: Peter Robinson (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) M Cottom (Solicitor) (Respondent)