Cherrybrook Victory Christian Church (No 2) v Hornsby Shire Council [2005] NSWLEC 161

Cherrybrook Victory Christian Church (No 2) v Hornsby Shire Council [2005] NSWLEC 161

Once sufficient details required by the previous remitter were provided, the appeal could be upheld and the development application consented to under the relevant planning law.

Parties
Applicant: Cherrybrook Victory Christian Church; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
11 April 2005
Procedural Posture
Appeal / Final Judgment After Remitter
Outcome
appeal upheld; development application granted subject to conditions
Legal Topics
Development Application, SEPP 5 Development
Planning and Environment Development Application SEPP 5 Development

Case Brief

Summary, issues, holding and outcome

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Parties

Cherrybrook Victory Christian Church

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Appeal / Final Judgment After Remitter

Legal Issues

  1. 1 Whether the Court had power to uphold the appeal in the absence of required particulars in the development application
  2. 2 Whether the additional details now provided were sufficient to determine the matter

Ratio Decidendi

Once sufficient details required by the previous remitter were provided, the appeal could be upheld and the development application consented to under the relevant planning law.

Court Disposition

appeal upheld; development application granted subject to conditions

Orders

  • The appeal is upheld.
  • Development application to subdivide lot A DP 335625, 125 New Line Road, Cherrybrook into two allotments, demolish three existing buildings on the rear allotment, and erect a development for older people and people with disability of eleven dwellings on the rear allotment is determined by granting consent subject to...