Developcorp Pty Ltd v Hornsby Shire Council [2017] NSWLEC 1232

Developcorp Pty Ltd v Hornsby Shire Council [2017] NSWLEC 1232

All contentions raised by the Council and objectors have been addressed by amended plans and agreed conditions so that no unacceptable impacts arise. The amended application complies with relevant planning controls and is appropriate for approval subject to conditions.

Jurisdiction
Australia
Judgment Date
09 May 2017
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'multi Unit Housing' 'amended Plans' 'contentions Resolution']
['planning and Environment'] ['development Application' 'multi Unit Housing' 'amended Plans' 'contentions Resolution']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the amended development application should be approved' 'Whether the design and amenity concerns raised by the respondent and objectors have been addressed']

Ratio Decidendi

All contentions raised by the Council and objectors have been addressed by amended plans and agreed conditions so that no unacceptable impacts arise. The amended application complies with relevant planning controls and is appropriate for approval subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The appeal is upheld.' "Development application No. 1699/2015 for a multi-unit housing development at 12 and 14 Carden Avenue, Wahroonga is approved subject to the conditions set out in Annexure 'A'." 'The exhibits, other than Exhibits 1 and F, are returned.']