Land and Environment Court
of New South Wales
CITATION: Osmotherly and Anor v Baulkham Hills Shire Council [2008] NSWLEC 1308 PARTIES: APPLICANT
RESPONDENT
Darren John Osmotherly and Kellianne Osmotherly
Baulkham Hills Shire CouncilFILE 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 AssociatesRESPONDENT
Mr C. Winn, solicitor
of Baulkham Hills Shire Council
JUDGMENT:
ENVIRONMENT COURT
OF NEW SOUTH WALESBly C
10241 of 2007 Darren John Osmotherly and Kellianne Osmotherly v Baulkham Hills Shire Council24 July 2008
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
ljr
- AGLC
- Osmotherly v Baulkham Hills Shire Council [2008] NSWLEC 1308
- Case
- [2008] NSWLEC 1308
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the building certificate should be granted for the various buildings forming part of the tourist facility. The court was asked to decide this matter in light of the previous decision, where the development consent was granted and the parties indicated that the building certificate could be granted by consent. The court needed to assess whether there were any other concerns or objections that could prevent the granting of the certificate.
In reaching its decision, the court noted that the previous appeal had been upheld and development consent granted. The parties had also submitted that, as a result of this decision, the building certificate could be granted by consent. The court was not aware of any other concerns or objections that could prevent the granting of the certificate. Consequently, the court decided that the sought building certificate as outlined in Exhibit A should be granted. This decision was made on the basis of the parties' consent and the absence of any other issues that could impede the granting of the certificate.
The court granted the sought building certificate as contained in Exhibit A, allowing the Osmotherlies to proceed with their tourist facility operations within the terms of the granted certificate.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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