Stock v Wingecarribee Shire Council [2021] NSWLEC 1066

Land and Environment Court New South Wales

Medium Neutral Citation: Stock v Wingecarribee Shire Council [2021] NSWLEC 1066 Hearing dates: 4-5 February 2021 Date of orders: 16 February 2021 Decision date: 16 February 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 20/0623 for the construction of a building described as a secondary dwelling at 506 Greenhills Road, Werai, is refused. (3) The exhibits, other than Exhibits 1, A and C, are returned. Catchwords: DEVELOPMENT APPLICATION – secondary dwelling – characterisation of secondary dwelling – permissible development – location of the secondary dwelling would result in an adverse impact of the character of the rural area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy No 44—Koala Habitat Protection State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Wingecarribee Local Environmental Plan 2010 Cases Cited: Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114 Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190 Loccisano v Hornsby Shire Council [1996] NSWLEC 122 Parsons v Hornsby Council [1995] NSWLEC 69 Sweeney Pastoral Company v Snowy River Shire Council [1993] NSWLEC 189 Texts Cited: Macquarie Dictionary (7th ed) Macquarie Dictionary (Online Edition) Wingecarribee Shire Rural Lands Development Control Plan 2010 Category: Principal judgment Parties: Jenny Stock (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)