Brookfield Design Pty Ltd v Hornsby Shire Council and Samuels v Hornsby Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Brookfield Design Pty Ltd v Hornsby Shire Council and Samuels v Hornsby Shire Council [2014] NSWLEC 1181 Hearing dates:6-7 August 2014Decision date: 04 September 2014 Jurisdiction:Class 1Before: Tuor C Decision: Appeal No. 10381 of 20141. The appeal is dismissed.2. Development Application No. 1207/2013 for demolition of the existing dwelling and construction of a new dwelling at 168 Copeland Road, Beecroft is refused.3. The exhibits are returned.Appeal No. 10382 of 20141. The appeal is dismissed.2. Development Application No. 1208/2013 for demolition of the existing dwelling and construction of a new dwelling at 168 Copeland Road, Beecroft is refused.3. The exhibits, other than Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of an existing dwelling, impact of demolition on the significance of Heritage Conservation Area, impact of replacement infill dwellings on the significance of the heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Hornsby Local Environmental Plan 2013 Cases Cited: Helou v Strathfield Municipal Council [2006] NSWLEC 66 Category:Principal judgmentParties: Appeal 10381 of 2014 Brookfield Design Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Appeal 10382 of 2014 Brendan Samuels (Applicant) Hornsby Shire Council (Respondent) Representation: Mr A Hudson of Wilshire Webb Staunton Beattie Lawyers (Applicant) Mr P Jackson of Pikes & Verekers Lawyers (Respondent) File Number(s):10381 of 2014 and 10382 of 2014 JudgmentCOMMISSIONER: These are two related appeals under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the...