Wellfortune Property Group Pty Ltd v Hornsby Shire Council [2026] NSWLEC 1719
Before: Bilmon AC · NSW Land and Environment Court
Summary
APPEAL — Development Application — conciliation conference — Amended DA — low and mid rise housing — affordable housing — survey point of the excavated level of the existing subfloor garage distorts the building height plane when compared to the natural topography — agreement between the parties — o
Catchwords
APPEAL — Development Application — conciliation conference — Amended DA — low and mid rise housing — affordable housing — survey point of the excavated level of the existing subfloor garage distorts the building height plane when compared to the natural topography — agreement between the parties — orders
Outcome
The orders of the Court are: (1) The Applicant is granted leave to file the Amended Development Application referred to at [81] of this judgment. (2) The Applicant is to pay the Respondent’s costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed amount of $18,000, payable within 28 days from the date of these orders. (3) The written request prepared by Think Planners dated 10 September 2026 made pursuant to cl 4.6 of the Hornsby Local Environmental Plan 2013 seeking to vary the maximum height of building standard prescribed by ss 180(2)(b) and 16(3) of the State Environmental Planning Policy (Housing) 2021 is upheld. (4) The Appeal is upheld. (5) Development Application No DA/110/2026, as amended, for the demolition of existing structures and construction of a nine-storey residential flat building, consisting of thirty-three units, of which six units are affordable housing under Ch 2 of the State Environmental Planning Policy (Housing) 2021, with three levels of basement car parking, landscaping, stormwater and associated site works on land legally described as Lot 2 and Lot 3 in DP326348 and known as 4-6 Baldwin Avenue, Asquith NSW 2077, 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 1.4, 4.15, 4.16, 4.17, 8.7, 8.10, 8.15, Sch 9 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, s 71 Environmental Planning and Assessment Regulation 2021 (NSW), s 27, 38, Sch 7 Hornsby Local Environment Plan 2013, cll 2.2, 2.3, 2.7, 4.3, 4.4, 4.5, 4.6, 5.10, 6.2, 6.8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 2.3, 6.1, 6.6, 6.7, 6.8 State Environmental Planning Policy (Housing) 2021, Chs 2, 4, 6, Schs 9, 10, ss 8, 15B, 15C, 16, 18, 19, 20, 22A, 143, 144, 145, 147, 148, 163, 164, 174, 177, 180 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Ch 2
Read the full judgment
Authoritative text on NSW Caselaw · ~61k words
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