Willis V Hornsby Shire Council [2007] NSWLEC 98

Willis V Hornsby Shire Council [2007] NSWLEC 98

The relevant objectives of the Access DCP are satisfied because nearby public disabled car parking spaces are within a suitable distance and offer satisfactory access, and monetary contributions have been made over time for public car parking including disabled spaces.

Parties
Applicant: Kenneth Willis; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
23 February 2007
Procedural Posture
Appeal Against Refusal of Development Application / Final Judgment
Outcome
appeal upheld
Legal Topics
Development Applications, Disabled Access, Car Parking Requirements
Planning and Environment Law Development Applications Disabled Access Car Parking Requirements

Case Brief

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Parties

Kenneth Willis

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Final Judgment

Legal Issues

  1. 1 whether a dedicated disabled car parking space must be provided at the rear of the site for a medical centre
  2. 2 whether access to existing public disabled car spaces satisfies access requirements

Ratio Decidendi

The relevant objectives of the Access DCP are satisfied because nearby public disabled car parking spaces are within a suitable distance and offer satisfactory access, and monetary contributions have been made over time for public car parking including disabled spaces.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • Development Application No. 1211/2006 to use an existing shop for a medical centre at 165 - 167 Pacific Highway, Hornsby is approved subject to conditions in Annexure A.