Aviani v Hornsby Shire Council [2026] NSWLEC 1351
Before: Kullen AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application DA/157/2025 (the DA) for Torrens title subdivision of one lot into two on land and removal of trees at 311- 313 Galston Road, Galston, NSW, 2159, legally known as Lot B in DP 370897 (the site). The DA does not propose any physical works. The lots proposed to be created under the DA as stated in the Statement of Facts and Contentions were as foll
Catchwords
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the Development Application, in the agreed amount of $8,000. (2) The appeal is upheld. (3) Development Application DA/157/2025 as amended for the Torrens title subdivision of one lot into two lots, and the removal of twenty eight trees, on Lot B in DP 370897 also known as 311-313 Galston Road, Galston, NSW, 2159, is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7, 8.15, Sch 1, Div 2, cl 7 Land and Environment Court Act 1979 (NSW), s 34 Rural Fires Act 1997 (NSW), s 100B Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Hornsby Local Environmental Plan 2013, cll 2.2, 2.3, 2.6, 4.1, 4.6, 5.16, 5.21, 6.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, s 2.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Read the full judgment
Authoritative text on NSW Caselaw · ~20k words
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