Noujaim v Bankstown City Council [2005] NSWLEC 343

Land and Environment Court of New South Wales

CITATION : Noujaim v Bankstown City Council [2005] NSWLEC 343

APPLICANT Peter and Jeanette Noujaim

PARTIES : RESPONDENT Bankstown City Council

FILE NUMBER(S) : 11180 of 2003

CORAM: Hoffman C

KEY ISSUES: Development Application :- Erection of a boatshed

LEGISLATION CITED: Bankstown Local Environmental Plan 2001

DATES OF HEARING: 15/06/2005 EX TEMPORE JUDGMENT DATE : 06/28/2005

APPLICANT Mr P Noujaim, self represented

RESPONDENT Mr P Hudson, solicitor SOLICITORS Marsdens Law Group

LEGAL REPRESENTATIVES:

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

28 June 2005

11180 of 2003 Peter and Jeanette Noujaim v Bankstown City Council

JUDGMENT

1 This was appeal No. 11180 of 2003 between Peter and Jeanette Noujaim v Bankstown City Council in regard to an application for a boatshed to be erected adjoining the waterfront at Lot 2 DP776440 being No. 738 Henry Lawson Drive, Picnic Point.

2 The matter was first heard on 16 August 2004 when consent orders were presented by the parties. At that time the Court was advised that there was a strip of land on the eastern side of the subject property that was zoned Special Uses, Defence Purposes, Zone No. 5 under the Bankstown Local Environmental Plan 2001 . As a result, because part of the proposal intruded onto that zoning, there was no power to grant the consent for the boatshed and driveway associated with the residential use of the subject property.