Regency DCM Pty Ltd v Hornsby Shire Council [2026] NSWLEC 1251
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 deemed refusal of development application No. DA/501/2025 (the DA) for Torrens title subdivision of two lots into ten, retention of the existing dwelling on Lot 23 DP 702061 (54 Beryl Avenue), demolition of all existing structures on Lot 26 DP 619274 (46-52 Beryl Avenue), tree removal, boundary adjustment, and construction of an access handle and stormwater infrastructure on the
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 $7,000 within 28 days of these orders. (2) The appeal is upheld. (3) Development Application No. DA/501/2025 as amended for Torrens title subdivision of two lots into ten, retention of the existing dwelling on land at 54 Beryl Avenue, Mount Colah, NSW, 2079 legally known as Lot 23 DP 702061, demolition of all existing structures on land at 46-52 Beryl Avenue, Mount Colah, NSW, 2079 legally known as Lot 26 DP 619274, removal of two trees, boundary adjustment, construction of an access handle and stormwater infrastructure on the land at 46-52 and 54 Beryl Avenue, Mount Colah, NSW, 2079, is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), Pt 4, ss 4.15, 4.16, 4.17, 8.15, 8.7, Sch 1, Div 2, cl 7 Land and Environment Court Act 1979 (NSW), s 34 Local Land Service Act 2013 (NSW), Pt 5, s 60O Rural Fires Act 1997 (NSW), s 100B Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Hornsby Local Environmental Plan 2013, cll 2.2, 2.6, 2.7, 4.1, 4.3, 4.4, 5,10, 5.21, 6.1, 6.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 2.6, 2.7, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Read the full judgment
Authoritative text on NSW Caselaw · ~18k words
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