Osmotherly v Baulkham Hills Shire Council

[2008] NSWLEC 1308

Land and Environment Court

of New South Wales

CITATION:

Osmotherly and Anor v Baulkham Hills Shire Council [2008] NSWLEC 1308

PARTIES:

APPLICANT
Darren John Osmotherly and Kellianne Osmotherly

RESPONDENT
Baulkham Hills Shire Council

FILE NUMBER(S):

10241 of 2008

CORAM:

Bly C

KEY ISSUES:

Building Certificate :- various buildings comprising a tourist facility

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

CASES CITED:

Osmotherly v Baulkham Hills Shire Council [2008] NSWLEC 1281

DATES OF HEARING:

23/05/2008 and 24/07/2008

EX TEMPORE JUDGMENT DATE:

24 July 2008

LEGAL REPRESENTATIVES:

APPLICANT
Mr J. Simpson, solicitor
of Woolf Associates

RESPONDENT
Mr C. Winn, solicitor
of Baulkham Hills Shire Council

JUDGMENT:

ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

24 July 2008

10241 of 2007 Darren John Osmotherly and Kellianne Osmotherly v Baulkham Hills Shire Council

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

1 On 11 July 2008 the appeal in Osmotherly v Baulkham Hills Shire Council [2008] NSWLEC 1281 in relation to a development application seeking consent to operate a tourist facility mainly utilising existing buildings and the construction of a new dwelling house on land at 766 River Road, Lower Portland (Lot 8 DP 816860) was upheld and conditional development consent granted.

2 This appeal involves an application seeking approval of a building certificate for the various buildings associated with this tourist facility.

3 On 11 July 2008 the parties submitted that as a result of the Court's upholding of the above appeal, the sought building certificate can, by consent, be granted. There being no dispute between the parties and not being aware of any other concerns in relation to this matter I have decided that the sought certificate as contained in Exhibit A should be granted.

___________________
T A Bly
Commissioner of the Court
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