Misko v Hornsby Shire Council [2006] NSWLEC 253

Misko v Hornsby Shire Council [2006] NSWLEC 253

The proposed right of carriageway in favour of No. 23 Forbes Street provided a satisfactory solution to the 30 m minimum lot frontage issue because future redevelopment of No. 23 could integrate with the proposed development so that the objectives of the DCP control could be achieved. As the right of carriageway was fundamental and a precondition to development, it should be a deferred commencement condition. The issues between the parties were resolved and the consent orders could be approved.

Jurisdiction
Australia
Judgment Date
23 March 2006
Procedural Posture
Appeal Against Refusal of a Development Application / Consent Orders
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'multi Unit Housing' 'consent Orders' 'development Control Plan' 'minimum Site Width Requirement' 'right of Carriageway' 'deferred Commencement Condition']
['planning and Environment Law'] ['development Application' 'multi Unit Housing' 'consent Orders' 'development Control Plan' 'minimum Site Width Requirement' 'right of Carriageway' 'deferred Commencement Condition']

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Procedural Posture

Appeal Against Refusal of a Development Application / Consent Orders

Legal Issues

  1. 1 ["Whether the proposed multi-unit housing development's non-compliance with the 30 m minimum site width requirement in the Medium Density Multi Unit Housing Development Control Plan was satisfactorily addressed." 'Whether a right of carriageway in favour of 23 Forbes Street should be imposed as a deferred commencement condition.' 'Whether the consent orders sought by the parties should be approved.']

Ratio Decidendi

The proposed right of carriageway in favour of No. 23 Forbes Street provided a satisfactory solution to the 30 m minimum lot frontage issue because future redevelopment of No. 23 could integrate with the proposed development so that the objectives of the DCP control could be achieved. As the right of carriageway was fundamental and a precondition to development, it should be a deferred commencement condition. The issues between the parties were resolved and the consent orders could be approved.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development application for multi unit housing comprising two dwellings at 25 Forbes Street, Hornsby, is approved subject to the conditions in Annexure A.' 'The exhibits, except exhibits A, 1, 2 and 4 may be returned.']