Cherrybrook Victory Christian Church v Hornsby Shire Council (No 2)

[2005] NSWLEC 161

Land and Environment Court

of New South Wales

CITATION:

Cherrybrook Victory Christian Church (No 2) v Hornsby Shire Council [2005] NSWLEC 161

PARTIES:

Applicant:
Cherrybrook Victory Christian Church

Respondent:
Hornsby Shire Council

FILE NUMBER(S):

11102 of 2003

CORAM:

Roseth SC

KEY ISSUES:

Development Application :- SEPP 5 development

DATES OF HEARING:

11/04/2005

EX TEMPORE JUDGMENT DATE:

04/11/2005

LEGAL REPRESENTATIVES:

Applicant:
Mr G McKee, solicitor of McKees Legal Solutions

Respondent:
Mr P Jackson, solicitor of Pike Pike & Fenwick

JUDGMENT:

- 1 -

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Roseth SC

11 April 2005

11102 of 2003 Cherrybrook Victory Christian Church v Hornsby Shire Council

JUDGMENT

1 Senior Commissioner: I upheld the appeal on 21 May 2004. On 13 August 2004 Pain J heard an appeal under s56A of the Land and Environment Court Act 1979 against my decision. On 5 November 2004, she set my orders aside and remitted the matter to me, on the basis that the application lacked certain details and that consequently I did not have the power to uphold the appeal.

2 In the intervening time the applicant has provided the required details and it is now common ground between the parties that those details are sufficient to determine the matter. I therefore make the following orders:

Orders

1. The appeal is upheld.

2. Development application to subdivide lot A DP 335625, known as 125 new Line Road, Cherrybrook, into two allotments, to demolish three existing buildings on the proposed rear allotment, and to erect a development for older people and people with disability consisting of eleven dwellings on the proposed rear allotment is determined by the granting of consent subject to the conditions in Annexure A.

3. Exhibits I, II and I are retained on the Court’s files.

________________
Dr John Roseth
Senior Commissioner