Simpson BJ v Holroyd City Council [2004] NSWLEC 726

Land and Environment Court of New South Wales

CITATION : Simpson BJ v Holroyd City Council [2004] NSWLEC 726 revised - 23/12/2004 APPLICANT Bruce John Simpson PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 10839 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- Covered entertainment/recreational area - Garage - Design and Character

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 1991 CASES CITED: DATES OF HEARING: 10/12/2004 EX TEMPORE 12/10/2004 JUDGMENT DATE :

APPLICANT Mr B Simpson, LIP

RESPONDENT LEGAL REPRESENTATIVES: RESPONDENT Mr B Tobin, solicitor Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

10 December 2004

10839 of 2004 Bruce John Simpson v Holroyd City Council

JUDGMENT

1 This appeal relates to development application No. 2004/400 and involves the erection of a covered entertainment/recreational area to be located at the rear of the existing single storey dwelling at 7 Rose Street, Pendle Hill. The detached pergola type structure is to measure 14.75 m x 7.5 m with a flat metal deck roof and will have a height ranging between 3.4 m and 3.9 m. The matter was dealt with as an on-site hearing. 2 The area in which the site is located mainly consists of single storey fibrous cement clad and weatherboard clad dwellings similar to that existing on the site. 3 The site is zoned 2(a) Residential A in Holroyd Local Environmental Plan 1991. The proposal is permissible with development consent. Clause 9(3) of the LEP requires that consent shall not be granted unless the responsible consent authority is of the opinion that the carrying out of the development is consistent with the objectives of the zone. 4 The relevant objectives of the 2(a) Zone are: (a) To provide and maintain the amenity of a predominantly low density living area and to enable sensitive infill of medium density housing styles;