Walton v Blacktown City Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Walton v Blacktown City Council [2012] NSWLEC 1047

Hearing dates:

14 February 2012

Decision date:

15 February 2012

Jurisdiction:

Class 1

Before:

Pearson C

Decision:

Directions made:

1.By close of business 17 February 2012 the respondent is to notify the applicant as to a range of colours which the respondent considers will match the building in compliance with condition 6.1, and to advise the applicant of the proposed modified terms of the order including a provision that the applicant have 21 days to carry out the work required.

2.The parties are to provide to the Court by close of business on 22 February 2012 the agreed terms of a modified order, and orders will be made in chambers.

3.Liberty to restore the matter on 48 hours notice.

Catchwords:

Section 121B Order - Compliance with conditions of consent

Legislation Cited:

Environmental Planning and Assessment Act 1979

Cases Cited:

J & J O'Brien Pty Limited v South Sydney Council [2002] NSWLEC 259
Lederer v Sydney City Council [2001] NSWLEC 272
Van Haasteren v South Sydney Council [2000] NSWLEC 168
Walton v Blacktown City Council [2011] NSWLEC 1008

Category:

Principal judgment

Parties:

Lance Walton (Applicant)
Blacktown City Council (Respondent)

Representation:

Mr C Adamson (Applicant)
Mr D Loether (Respondent)

File Number(s):

10828 of 2011

EX TEMPORE Judgment

1. This is an appeal under s 121ZK of the Environmental Planning and Assessment Act 1979 (the Act) against an order issued under s121B of the Act (Order No.1) by Blacktown City Council on 9 September 2011 in relation to premises at 16 Nicholas Street, Blacktown owned by the applicant and his wife.

1. Development consent was granted on 21 January 2011 by the Court for use of the premises as a group home: Walton v Blacktown City Council [2011] NSWLEC 1008. The conditions of consent included condition 6.1 and 6.2:

6 PRIOR TO OCCUPATION

6.1 Privacy screening is to be erected along the street-fronting external staircase leading to the upper level of the dwelling and the installation of fixed privacy louvres to the windows of the first floor bedrooms and lounge/foyer areas which overlook to adjoining properties.

6.2 Any dilapidated fencing is to be replaced with new 1.8 metre high colorbond/lapped and capped timber fencing or 300 mm lattice is to be added on top of an existing 1.5 metre high fence that is in good condition, at full cost to the applicant.

1. On 17 March 2011 the applicant applied to the Council under s 96(1)(a) of the Act to modify the development consent. On 16 June 2011 the Council notified the applicant that the consent had been modified including relevantly the following modification of condition 6.1:

Condition 6.1 is amended to read:

Privacy screening is to be erected along the street-fronting the external staircase leading to the upper level of the dwelling in the form of an opaque screen or framed lattice painted to match the building, to a height of 1.2m above stair level measured…