Walker v Greater Argyle Council [2006] NSWLEC 232

Land and Environment Court of New South Wales

CITATION : Walker v Greater Argyle Council [2006] NSWLEC 232

APPLICANT John Walker PARTIES : RESPONDENT Greater Argyle Council

FILE NUMBER(S) : 10436 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- Consent Orders for construction of a museum shed structure.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 30/03/2006

EX TEMPORE JUDGMENT DATE : 03/30/2006

APPLICANT Mr A. Pickles, barrister Instructed by Macedone Christie Willis LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Bradbury, solicitor of Minter Ellison

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

30 March 2006

10436 of 2005 John Walker v Goulburn MulwareeCouncil (previously Greater Argyle Council)

JUDGMENT

1 This matter has come before me this morning as consent orders. The proposal is for a museum shed structure to be erected on the subject land Lot 1, DP232079, known as No. 107 Taralga Road, Goulburn, on the corner of Ross Street. The subject site is some 1880 sq m.

2 The site is zoned, Living Area, under the Goulburn Local Environmental Plan 1990 and cl 3 contains a number of aims and objectives. In particular cl 8 provides the zone objectives, and for a living area it states: To identify land suited for residential purposes to facilitate orderly economic and immediate availability of an adequate supply of land for residential purposes, facilitate the effective provision of a range of adequate affordable and suitable housing, to manage land use to ensure that development is consistent with the primary use of land within the zone for residential purposes. 3 The LEP also contains a number of particular objectives including: (c) To permit other forms of development and services which are associated with ancillary or supportive of a living area if they are compatible with, or complementary to the particular amenity, character, and requirements of residential localities within the zone. And this includes a number of uses. It is also to permit for an efficient use of the infrastructure of the area and also, (f) is to promote achievement of a high quality of residential by providing for reasonable standards of privacy, solar access, open space, et cetera and (g) to allow residents to conduct a reasonable range of activities from their homes where such activities are not likely to adversely affect the living environment of neighbours. And the subject use is permissible in the zone provided it does not impact on the amenity of the residential area. 4 The site is large for a single residential lot, being some 1880 sq m and the current use of the subject land is for a residential dwelling house, together with a shed structure, that accommodates certain museum items, or old machinery with historic interest.