Sydney Prestige Developments Pty Ltd v Hornsby Shire Council [2004] NSWLEC 598

Sydney Prestige Developments Pty Ltd v Hornsby Shire Council [2004] NSWLEC 598

The appeal was upheld because the proposed development met the SEPP 5 access threshold and, on the expert evidence, the walkway provided convenient, obvious and safe pedestrian access despite many dwellings being more than 400m from the bus stop. The walkway and associated earthworks had an acceptable visual impact,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 October 2004
Procedural Posture
Appeal Against Refusal of Development Application / Judgment After Hearing
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['sepp 5 Development' 'housing for Older People or People With a Disability' 'pedestrian Access to Public Transport and Services' 'visual Impact' 'access to Private Open Space']
['planning and Environment Law' 'development Consent'] ['sepp 5 Development' 'housing for Older People or People With a Disability' 'pedestrian Access to Public Transport and Services' 'visual Impact' 'access to Private Open Space']

Source-derived case record

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Procedural Posture

Appeal Against Refusal of Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed walkway provides adequate pedestrian access to the development and has an appropriate visual impact.' 'Whether the proposal provides adequate access to private open space.']

Ratio Decidendi

The appeal was upheld because the proposed development met the SEPP 5 access threshold and, on the expert evidence, the walkway provided convenient, obvious and safe pedestrian access despite many dwellings being more than 400m from the bus stop. The walkway and associated earthworks had an acceptable visual impact, and each dwelling had access to private open space, with full access to all landscaped areas not reasonably feasible due to site constraints.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'The development application to demolish the existing buildings and to construct thirty seven (37) self care villas, community centre with aged care facilities and associated site works, pursuant to the provisions of State Environmental Planning Policy No 5, at lot 4 DP 507947, known as...