Samjen Investments Pty Ltd v Hornsby Shire Council [2004] NSWLEC 208

Samjen Investments Pty Ltd v Hornsby Shire Council [2004] NSWLEC 208

The importance of the conservation area and heritage items requires a better design solution, particularly for units 1 to 4. No acceptable alternative was offered and the proposed design remains unacceptable in respect of heritage, scale, and streetscape, warranting dismissal of the appeal.

Parties
Applicant: Samjen Investments Pty Ltd; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
02 April 2004
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Conservation Area, Heritage Value, Disability Access, Traffic Congestion
Planning and Development Heritage Protection Development Application Conservation Area Heritage Value Disability Access Traffic Congestion

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Parties

Samjen Investments Pty Ltd

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed development satisfies objectives (b) and (c) of the Residential B Medium Density Zone of Hornsby Local Environment Plan
  2. 2 Whether the proposed development complies with the density element of the Medium Density Multi-unit Housing Development Control Plan
  3. 3 Whether the proposed development complies with the design element of the Medium Density Multi-unit Housing Development Control Plan

Ratio Decidendi

The importance of the conservation area and heritage items requires a better design solution, particularly for units 1 to 4. No acceptable alternative was offered and the proposed design remains unacceptable in respect of heritage, scale, and streetscape, warranting dismissal of the appeal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The exhibits are returned to the parties except Exhibits H, N, P, Q and 7, 11 and 15.