Irwin P J v Eurobodalla Shire Council [2004] NSWLEC 165

Land and Environment Court of New South Wales

CITATION : Irwin P J v Eurobodalla Shire Council [2004] NSWLEC 165 APPLICANT P J Irwin PARTIES : RESPONDENT Eurobodalla Shire Council FILE NUMBER(S) : 11552 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- an additional detached garage two storeys high and in a Quaker's Barn Style in a low density residential area. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Eurobodalla Urban Local Environmental Plan 1999 CASES CITED: DATES OF HEARING: 19/04/2004 EX TEMPORE 04/19/2004 JUDGMENT DATE :

APPLICANT Mr R Kalde, solicitor SOLICITORS K Q Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr D Briggs, solicitor SOLICITORS DG Briggs and Associates

JUDGMENT: 1

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11552 of 2003 Hoffman C 19 April 2003 Philip John Irwin Applicant

v Eurobodalla Shire Council Respondent Judgment

1. This was a class 1 appeal No. 11552 of 2003 between Philip John Irwin and Eurobodalla Shire Council in regard to the refusal of consent for a two storey Quaker's Barn Style garage at No. 18 Hibiscus Close, Maloneys Beach.

2. The site and the surroundings were in an area of houses behind the beach. The land was generally flat. There was a mix of one and two storey houses with brick walls and tiled roofs predominating. There were some other houses constructed in materials such as sheet metal roofs and weatherboard with skillion roofs, hipped roofs and gables.