Waite v Blacktown City Council

[2008] NSWLEC 1130

Land and Environment Court

of New South Wales

CITATION:

Waite v Blacktown City Council [2008] NSWLEC 1130

PARTIES:

APPLICANT
David Waite

RESPONDENT
Blacktown City Council

FILE NUMBER(S):

11305 of 2007

CORAM:

Hoffman C

KEY ISSUES:

Development Application :- to extend an existing rural shed

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

DATES OF HEARING:

07/03/2008

EX TEMPORE JUDGMENT DATE:

7 March 2008

LEGAL REPRESENTATIVES:

APPLICANT
Mr D. P. Williams, solicitor
of Whitehead Cooper Williams

RESPONDENT
Mr T. O'Connor, solicitor
of Houston Dearn O'Connor

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hoffman C

7 March 2008

11305 of 2007 David Waite v Blacktown City Council

JUDGMENT

1 This is a Class 1 Appeal No. 11305 of 2007 between David Waite and Blacktown City Council in regard to the refusal of a proposal to extend an existing rural shed at Lot 4 DP17048 being No. 879 Richmond Road, Marsden Park.

2 There already exists on the site that is 2.875 hectares in size, two existing residences, five existing sheds including one large rural shed facing Richmond Road which is currently used as a produce store. The extension which is about 12 metres by 12 metres in size is to be added to this large rural shed which would be approximately 45 metres by 25 metres at the current time.

3 The council had no concern over the fact of the extension, it was simply that the applicant did not supply adequate drawings and specifications so that the council could properly assess it. After several requests for the additional information and it not being supplied, council refused the proposal on 26 November 2007.

4 Since that date, the applicant has supplied the required information to council’s satisfaction and the drawings and structural details are included in Exhibit B of this appeal.

5 The council, therefore, has no further objection to the proposal and therefore has submitted short minutes of order signed by both parties to the Court to allow its approval, subject to the agreed conditions in Exhibit 3 as hand annotated.

6 That being the case, I see no reason to refuse a request by the parties for the approval. The orders of the Court therefore are:

1. Development application No. 06-2159 lodged with the respondent council on 4 August 2006 to erect a 144 m2 extension to an existing shed at Lot 4 DP 17048, being 879 Richmond Road, Marsden Park is approved subject to Conditions 1 to 34 in Annexure A hereto.

2. The exhibits returned to the parties except Exhibits A, B, C and 3.

___________________

K G Hoffman
Commissioner of the Court
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