Hornsby Shire Council v Trives (No 3)

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190 Hearing dates:30 November 2015, 1 and 2 December 2015 (written submissions)Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction:Class 4Before: Biscoe J Decision: The complying development certificates are invalid: see [98] Catchwords: DEVELOPMENT CONSENT – whether complying development certificates issued by accredited certifier for erection of “detached studios” on three residential properties are valid – whether on correct construction of State Environment Planning Policy (Exempt and Complying Development Codes) 2008 and Hornsby Local Environmental Plan 2013 as applied to the facts the certifier could reasonably have been satisfied the proposed structures are complying development and detached studios – condition precedent to exercise of statutory power to issue certificate is that certifier be satisfied that the proposed structures are complying development – implied that state of satisfaction be reasonable – meaning of “reasonably” – not ancillary to a dwelling house as required by the SEPP – not established in conjunction with a dwelling house as required by the SEPP – not permissible with consent in the land use zone as required by the SEPP – result in more than one dwelling house on the lot (prohibited by the SEPP). Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4, 76-76B, 85, 85A Hornsby Local Environmental Plan 2013 Pt 2, Dictionary Standard Instrument (Local Environmental Plans) Order 2006 State Environmental Planning Policy (Exempt and Complying Development Codes)...