Sherbrook Group Pty Ltd v Hornsby Shire Council [2020] NSWLEC 1359

Sherbrook Group Pty Ltd v Hornsby Shire Council [2020] NSWLEC 1359

The proposed development, due to inconsistency with the desired future character of the area, unacceptable bulk and scale, insufficiently sized and located communal open spaces, compromised attic bedroom outlook, and overall overdevelopment of the site, does not comply with the relevant controls of the Hornsby Development Control Plan 2013 or satisfy the Environmental Planning and Assessment Act 1979 s 4.15. Consequently, consent to the development application is refused and the appeal is dismissed.

Parties
Applicant: Sherbrook Group Pty Ltd; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
12 August 2020
Procedural Posture
Class 1 Appeal (land and Environment Court) / Judgment After Hearing of Appeal Against Refusal of Development Application
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Applications, Residential Development, Public Interest, Land Use Planning, Amenity, Accessibility, Planning Controls
Environmental Law Planning Law Administrative Law Development Applications Residential Development Public Interest Land Use Planning Amenity +2 more

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Parties

Sherbrook Group Pty Ltd

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Class 1 Appeal (land and Environment Court) / Judgment After Hearing of Appeal Against Refusal of Development Application

Legal Issues

  1. 1 Whether the proposed development is compatible with the desired future character of the area
  2. 2 Whether the development provides sufficient amenity to future residents including solar access and attic outlook
  3. 3 Whether designated accessible units are adaptable as required by relevant planning instruments and standards

Ratio Decidendi

The proposed development, due to inconsistency with the desired future character of the area, unacceptable bulk and scale, insufficiently sized and located communal open spaces, compromised attic bedroom outlook, and overall overdevelopment of the site, does not comply with the relevant controls of the Hornsby Development Control Plan 2013 or satisfy the Environmental Planning and Assessment Act 1979 s 4.15. Consequently, consent to the development application is refused and the appeal is dismissed.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • Leave granted to rely on amended plans dated 31 July 2020, amended BASIX Certificate 759941M-04 dated 20 July 2020 and amended NATHERS Certificates with summary dated 19 July 2020.
  • Appeal is dismissed.