Soans v Baulkham Hills Shire Council [2006] NSWLEC 165

Land and Environment Court of New South Wales

CITATION : Soans v Baulkham Hills Shire Council [2006] NSWLEC 165

APPLICANT Bruce Soans PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 11278 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- erection of a shed in the rear of the property - bulk, scale and height - construction materials

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Baulkham Hills Local Environmental Plan 2005

DATES OF HEARING: 4/04/06

EX TEMPORE JUDGMENT DATE : 04/04/2006

APPLICANT Mr R Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr P Vergotis, solicitor SOLICITORS MatthewsFolbigg

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

4 April 2006

11278 of 2005 Bruce Soans v Baulkham Hills Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application 3049/2004/M4 for the erection of a shed in the rear of the property at 17 Rialto Place. Kellyville (the site).

2 The proceedings were originally set down for a Neutral Evaluation on 4 April 2006 however the parties agreed to amend the application to an On Site Hearing. The judgement reflects the details in the Statement of Basic Facts and the findings given on site.

3 The proposed shed is 10 m x 7 m with an eave height of 2.75 m and a height to the ridge of 3.45 m. It is to be constructed of painted metal panels and is to be located 1m from the southern and western boundaries of the site. The Court was advised that the shed is to be used for the storage of vehicles and other household items.