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[2007] NSWLEC 34
Land and Environment Court (NSW)
2007-01-31
Mr P
Original judgment source is linked above.
The applicant's request for leave for amended plans 31 At the conclusion of the hearing, Mr Rigg made an application to have the matter adjourned allowing the applicant to amend its proposal by deleting Unit 7. If the removal of that unit were likely to result in an acceptable development, I would be inclined to grant the request notwithstanding the very long time that this appeal has been with the Court. However, the removal of unit 7 would not cure the proposal's major flaw, which is that the basement excavation under the northern building comes to the bank of the watercourse, thus breaching both the DNR's General Terms of Approval and cl 31(g) of the SEPPSL. To overcome this basic and serious problem the applicant would have to either drastically change the proposal or present evidence to the effect that excavating so close to the watercourse does not lead to unacceptable impacts. In either case, an adjournment is inappropriate and there is no alternative to the refusal of the application. The appeal is therefore dismissed.
Dr John Roseth
Senior Commissioner
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Radray Constructions
Hornsby Shire Council
CITATION : Radray Constructions v Hornsby Shire Council [2007] NSWLEC 34