Herriott v Armidale Dumaresq Council [2006] NSWLEC 250

Land and Environment Court of New South Wales

CITATION : Herriott v Armidale Dumaresq Council [2006] NSWLEC 250

APPLICANT Iain Herriott PARTIES : RESPONDENT Armidale Dumaresq Council

FILE NUMBER(S) : 11004 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Construction of rural dwelling, provision of all weather access

LEGISLATION CITED: Dumaresq Local Environmental Plan No. 1 Development Control Plan No.2 - Erection of Dwellings

DATES OF HEARING: 9-10/03/2006

EX TEMPORE JUDGMENT DATE : 03/10/2006

APPLICANT Mr I Hemmings, barrister

LEGAL REPRESENTATIVES: RESPONDENT Ms M Hawley, solicitor SOLICITORS Lindsay Taylor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

10 March 2005

11004 of 2005 Iain Herriott v Armidale Dumaresq Council

JUDGMENT The following decision and orders were handed down extempore on 10 March 2006. Some minor alterations and additions have been made in the interests of clarity and completeness.

Background 1 This appeal was lodged against conditions of consent imposed on a development application for the construction of a dwelling on a rural lot at 550 Cunnawarra Trail, Point Look Out. The proposed dwelling is to be constructed with external walls of local stone on blockwork, a colorbond roof and an on-site waste management system.

2 The conditions appealed against are: 6. The applicant shall construct Cunnawarra Fire Trail from the end of the existing construction of Point Lookout Road to a point 20 metres past the proposed point of access to the subject property. Construction shall be a minimum 5.6 metre wide pavement, including shoulders, with a minimum 200 mm pavement depth (actual pavement depth to be ascertained by CBR testing of the existing subgrade material). In this regard the applicant shall provide detailed engineering drawings of the proposed construction. Additionally the applicant is advised that some sections of the existing track may not be located within the road reserve, and consequently the formation may require relocation to ensure the constructed road, including all formation structures and batters are contained within the dedicated road reserve. Relevant work to be completed in accordance with Council's standards prior to the issue of a Construction Certificate for the dwelling. 7. The applicant shall construct a safe all-weather vehicle access at the junction with Cunnawarra Fire Trail in accordance with Council's specification for property access (copy attached). The junction is to be constructed at least to gravel road standard. A concrete pipe culvert with not less than 375 mm diameter, with standard concrete headwalls may need to be constructed at a suitable location relative to the shoulder drain and clear of the edge of the road carriageway. The entrance shall be located such as to provide a minimum Entering Stopping Sight Distance of 160 metres in both directions. Prior to the commencement of construction, the applicant shall confirm the location with Councils Development Engineer.