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Hornsby DA Contested: 73-Apartment Plan Sent to Court

A contentious $35.9 million proposal outside the Hornsby TOD boundary heads to the NSW Land and Environment Court following council refusal.

by Tina Brown
2 August 2026
in News
0 0
Hornsby DA Contested: 73-Apartment Plan Sent to Court

As Editor of The Post, I took a look at the site of a contentious development application in Hornsby that has local residents deeply concerned.

The proposal highlights a familiar local thread: shifting from modest townhouses to higher density. Sound familiar? You would have noticed a similar story unfolding in Asquith.

Key Takeaways

  • Escalated Scale: DA/1086/2025 seeks to build 73 apartments across 7 to 8 storeys, significantly increasing density from a previously approved 22-townhouse plan.
  • Outside TOD Boundary: The site sits outside Hornsby's official Accelerated Transport Oriented Development precinct, exceeding the area's 4-storey Housing SEPP height threshold.
  • Community Opposition: Nearby residents cite risks of overdevelopment, severe overshadowing, and worsened congestion around Pretoria Parade and Wanderers Way.
  • Land & Environment Court: Following Council's refusal of the $35.9M project, an on-site court hearing is scheduled for 9 September 2026 to hear community objections.

The development application (DA/1086/2025) seeks to replace three single-storey homes with a multi-storey building containing 73 apartments over a 2.5-level basement carpark. Notably, a previous application for the site had already been approved for 22 townhouses before the developer later opted for the larger 73-apartment plan.

A central point of friction is location. The site sits outside the official Hornsby Accelerated Transport Oriented Development (TOD) precinct introduced by the Minns Government in late 2023.

Under Section 176(2) of the Housing SEPP, the statutory height threshold here is four storeys. However, the proposal seeks up to seven or eight storeys, standing in sharp contrast to the surrounding single and double-storey homes and townhouses along Forbes Street, Nursery Street, and Webb Avenue.

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Local resident Kathy Wallace expressed the community’s frustration in her November 2025 submission to Hornsby Shire Council, noting, “The townhouse development previously envisaged for the proposed development site would not have created these adverse effects and would be highly preferable than the subject application”.

Primary concerns focus on bulk and scale, overshadowing, loss of visual amenity, and worsening traffic. The site overlooks a narrow street layout and sits near a busy pedestrian laneway connecting Forbes Street to Pretoria Parade. “I am particularly concerned about the cumulative effect on the Pretoria Parade and Wanderers Way area. This intersection already experiences congestion, lengthy delays and risky vehicle movements during peak periods,” objects Kathy Wallace.

Three properties to be demolished for the future development: 19, 21 and 23 Forbes Street, Hornsby.

22 Townhouses Out âž” 73 Apartments In

Artists impression of the new development sought for 19-23 Forbes Street, Hornsby. DA/1086/2025

Residents argue that pushing high-density scale beyond TOD boundaries sets a risky precedent when nearby designated precincts already exist to absorb growth.

As the project carries an estimated capital investment value of approximately $35.9 million, determination authority originally fell to the Sydney North Planning Panel. However, with Hornsby Shire Council deeming refusal, the matter has now progressed to the NSW Land and Environment Court (LEC).

Following formal conciliation proceedings, the matter is scheduled for an official LEC hearing on 9 and 10 September. Community objectors will have the opportunity to present their views directly to the Court during an on-site hearing session at 9:00 AM on 9 September 2026.

The outcome of the Land and Environment Court hearing will serve as an important benchmark for Hornsby Shire.

It will test where the line is drawn between strategic density around transport hubs and maintaining established planning boundaries for suburban streets.

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