Statewide Planning Pty Ltd v Hornsby Shire Council [2021] NSWLEC 1808

Statewide Planning Pty Ltd v Hornsby Shire Council [2021] NSWLEC 1808

The conditions for exercising the Court’s power under s 34 of the Land and Environment Court Act 1979 have been met; the minor exceedance of building height is justified by site-specific constraints and does not undermine local objectives; all requirements under relevant planning instruments have been satisfied and consent is in the public interest.

Parties
Applicant: Statewide Planning Pty Ltd; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
30 December 2021
Procedural Posture
Class 1 Appeal (land and Environment Court) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Residential Apartment Development, Height Controls, Flood Planning, Design Quality, Appeal Process Under Environmental Planning and Assessment Act 1979
Planning and Environment Development Application Residential Apartment Development Height Controls Flood Planning Design Quality Appeal Process Under Environmental Planning and Assessment Act 1979

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Parties

Statewide Planning Pty Ltd

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Class 1 Appeal (land and Environment Court) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for residential flat buildings exceeding the height standard
  2. 2 Whether the clause 4.6 request to contravene height controls is justified
  3. 3 Whether development is compatible with local planning controls and the character of the area

Ratio Decidendi

The conditions for exercising the Court’s power under s 34 of the Land and Environment Court Act 1979 have been met; the minor exceedance of building height is justified by site-specific constraints and does not undermine local objectives; all requirements under relevant planning instruments have been satisfied and consent is in the public interest.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development consent is granted to application DA/65/2019 for demolition of structures and construction of 5 x 5 storey residential flat buildings (165 units), 200 car spaces, tree removal, consolidation of 9 lots into 1 at 22–32 Park Avenue, Waitara, subject to conditions in Annexure 'A'.