Wallis v Hornsby Shire Council [2012] NSWLEC 1029
Additions and alterations as built are a significant departure from approved plans, do not comply with relevant planning controls for floor space ratio and solar access; applicant has not shown grounds for revocation of the council's s 121B order; appeal is dismissed and compliance with plans and conditions of consent is required.
- Parties
- Applicant: Mr Y Wallis; Respondent: Hornsby Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 16 February 2012
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Development Consent, Building Compliance, Floor Space Ratio, Solar Access, Bushfire Safety
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mr Y Wallis
Applicant
Hornsby Shire Council
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 whether Order No. 15 requiring compliance with development consent should be revoked or modified
- 2 compliance of building additions with approved plans and local planning controls
Ratio Decidendi
Additions and alterations as built are a significant departure from approved plans, do not comply with relevant planning controls for floor space ratio and solar access; applicant has not shown grounds for revocation of the council's s 121B order; appeal is dismissed and compliance with plans and conditions of consent is required.
Court Disposition
Appeal dismissed
Orders
- Appeal 10572 of 2011 is dismissed.
- The s 121B order is modified: Applicant shall, by 5.00pm on 31 August 2012, modify the building to comply with the plans and conditions of consent approved by Council under Development Consent No. DA/89/2007/B.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment