Moit v Hornsby Shire Council [2005] NSWLEC 639

Moit v Hornsby Shire Council [2005] NSWLEC 639

The appeals were upheld because the commercial development was satisfactory once matters including relocation of sewage storage tanks, odour reporting and landscaping were resolved, and the amended SEPP 5 residential development was satisfactory after changes to building 3 and building 1. The SEPP 1 objection to height and storeys standards was upheld because strict compliance was unreasonable and unnecessary in the circumstances.

Jurisdiction
Australia
Judgment Date
02 November 2005
Procedural Posture
Appeals Concerning Subdivision, Commercial Development and SEPP 5 Development / Ex Tempore Judgment After Preliminary Findings
Outcome
Appeals upheld; conditional development consent granted; no order as to costs.
Legal Topics
['subdivision' 'commercial Development' 'state Environmental Planning Policy No 5 Development' 'state Environmental Planning Policy No 1 Objection' 'conditional Development Consent' 'bulk and Scale' 'landscaping' 'noise' 'sewage Storage Tanks']
['environmental Planning and Development' 'land Use Planning'] ['subdivision' 'commercial Development' 'state Environmental Planning Policy No 5 Development' 'state Environmental Planning Policy No 1 Objection' 'conditional Development Consent' 'bulk and Scale' 'landscaping' 'noise' 'sewage Storage Tanks']

Case Brief

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Procedural Posture

Appeals Concerning Subdivision, Commercial Development and SEPP 5 Development / Ex Tempore Judgment After Preliminary Findings

Legal Issues

  1. 1 ['Whether the proposed commercial development at 899-905 Old Northern Road, Dural should receive conditional development consent after resolution of issues concerning sewage storage tanks, odour, landscaping and related matters.' 'Whether the proposed SEPP 5 residential development should receive conditional development consent after amendments concerning building height, bulk and scale, noise treatment and the relocation of a deleted dwelling.' 'Whether an objection under State Environmental Planning Policy No 1 should be upheld in relation to height and storeys development standards in SEPP 5.']

Ratio Decidendi

The appeals were upheld because the commercial development was satisfactory once matters including relocation of sewage storage tanks, odour reporting and landscaping were resolved, and the amended SEPP 5 residential development was satisfactory after changes to building 3 and building 1. The SEPP 1 objection to height and storeys standards was upheld because strict compliance was unreasonable and unnecessary in the circumstances.

Court Disposition

Appeals upheld; conditional development consent granted; no order as to costs.

Orders

  • ['Appeal 11454 of 2004 is upheld and the development application for subdivision and commercial development of 899-905 Old Northern Road, Dural, is determined by the granting of conditional development consent.' 'Appeal No. 11302 of 2003 and 11454 of 2004 are upheld and development application No 199/2003 for three...