Asset Based Securities Pty Limited v Hornsby Shire Council [2001] NSWLEC 276

Asset Based Securities Pty Limited v Hornsby Shire Council [2001] NSWLEC 276

Although the site is not ideal, the existence of nearby bus services and other forms of transport satisfies the threshold requirement for access under cl 12(2) of SEPP 5. The minimum criteria are met and there is a reasonable opportunity for access to daily requirements, so consent can be granted subject to agreed conditions addressing concerns.

Jurisdiction
Australia
Judgment Date
31 October 2001
Procedural Posture
Development Application Appeal / Judgment (after Hearing)
Outcome
Development consent granted subject to conditions, with leave for parties to submit agreed conditions within fourteen days or otherwise re-open; failing which the application will be refused.
Legal Topics
['development Application' 'state Environmental Planning Policy No 5' 'access to Amenities' 'housing for Aged or Disabled Persons']
['planning and Environment'] ['development Application' 'state Environmental Planning Policy No 5' 'access to Amenities' 'housing for Aged or Disabled Persons']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Judgment (after Hearing)

Legal Issues

  1. 1 ['Whether the proposed development provides satisfactory access to shops, banks, community services and medical practitioners per SEPP 5' 'Interpretation and application of cl 12(2)(a) of SEPP 5']

Ratio Decidendi

Although the site is not ideal, the existence of nearby bus services and other forms of transport satisfies the threshold requirement for access under cl 12(2) of SEPP 5. The minimum criteria are met and there is a reasonable opportunity for access to daily requirements, so consent can be granted subject to agreed conditions addressing concerns.

Court Disposition

Development consent granted subject to conditions, with leave for parties to submit agreed conditions within fourteen days or otherwise re-open; failing which the application will be refused.

Orders

  • ['Parties to bring in agreed set of conditions within fourteen days or either party may re-open within fourteen days; upon default, development application will be refused.' 'Exhibits returned but may be resubmitted if necessary.']