Chen v Hornsby Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Chen v Hornsby Shire Council [2016] NSWLEC 1505 Hearing dates:17,18 October 2016Date of orders: 01 November 2016 Decision date: 01 November 2016 Jurisdiction:Class 1Before: Dickson, C Decision: 1. The appeal is upheld2. Consent is granted to development application DA/314/2016 for torrens title subdivision of Lot 1035 DP 812942 (17 Cannan Close, Cherrybrook) into two lots, and the retention of the existing dwelling on proposed Lot A, subject to conditions in Annexure A, including the addition of new condition 7A: Following the completion of demolition of the tennis court structure the ground level of Lot B is to be made level with the existing ground level of Lot A along the common boundary as shown on Survey plan A004 drawn by Greg Pickworth dated 21/2/12.3. The exhibits may be returned with the exception of A, D, I and the survey and subdivision plan contained in exhibit 2. Catchwords: DEVELOPMENT APPEAL: Infill subdivision – lot configuration - compatibility with existing subdivision pattern – building envelope of potential dwelling – resident objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No. 55: Remediation of Land Cases Cited: BGP Properties Pty Ltd v Lake Macquarie Council [2004] NSWLEC 399   De Hong Yu v Ku ring gai Council [2004] NSWLEC 596 Fortunate Investments Pty Ltd v North Sydney Council [2001] NSWLEC 70   Jonah Pty Ltd v Pittwater Council [2006] NSWLEC 99   Project Venture Developments Pty...