Acquaro v Great Lakes Council [2006] NSWLEC 574

Land and Environment Court of New South Wales

CITATION : Acquaro v Great Lakes Council [2006] NSWLEC 574

APPLICANT Raffaele Acquaro PARTIES : RESPONDENT Great Lakes Council

FILE NUMBER(S) : 10067 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Shed for storage of bee keeping equipment, visual impact, enhancement of the area, precedence, public interest

Environmental Planning and Assessment Act LEGISLATION CITED: Great Lakes Local Environmental Plan State Environmental Planning Policy No. 71

CASES CITED: Goldin and Anor. v Minister for Transport [2002] NSWLEC 75

DATES OF HEARING: 25/09/2006 (On-site Hearing)

DATE OF JUDGMENT: 11/17/2006

APPLICANT Mr B Glendenning, solicitor SOLICITORS Harris Wheeler

LEGAL REPRESENTATIVES:

RESPONDENT Mr P Rees, solicitor SOLICITORS Mallik Rees

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

17 November 2006

10067 of 2006 Raffaele Acquaro v Great Lakes Council

JUDGMENT

Background 1 This appeal was lodged against council's refusal of a development application for the construction of a shed for the storage of farm related equipment, required in connection with the keeping of bees on a Rural 1(a) allotment at Eastslope Way, North Arm Cove.

2 The application was refused for a number of reasons and the outstanding issues for the appeal can be summarised as follows: o whether the development will enhance the environmental qualities of the area; o whether the development represents the orderly and economic development of land; o the suitability of the site for the development; o the impact on the scenic qualities of the area; o compliance with councils outbuildings policy; o precedence and public interest; o weight to be given to the Draft Great Lakes LEP 1996 (Amendment 55).