Jacobs v Hurstville City Council [2007] NSWLEC 468

Land and Environment Court of New South Wales

CITATION : Jacobs v Hurstville City Council [2007] NSWLEC 468

Applicant Kevin Roy Jacobs PARTIES : Respondent Hurstville City Council

FILE NUMBER(S) : 10084 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Detached garage; stormwater discharge.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hurstville Local Environment Plan

DATES OF HEARING: 20 July 2007

EX TEMPORE JUDGMENT DATE : 20 July 2007

Applicant Mr. K. Jacobs, Applicant in Person LEGAL REPRESENTATIVES:

Respondent Mr. J. Merlino, Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

20 July 2007

10084 of 2007 Kevin Roy Jacobs v Hurstville Council

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT Background 1 This appeal was lodged against council's deemed refusal of a development application for a detached garage to accommodate 4 vehicles and a boat on land situated at 75 Clarke Street, Peakhurst.

2 The application was subsequently granted conditional consent by council, including a deferred commencement condition requiring the submission of details of the proposed stormwater disposal arrangements. The appeal was subsequently changed to an appeal against this deferred commencement drainage condition.

3 However, in the interim period, the applicant proposed further minor detailing arrangements to the proposal, which were not opposed by the council. Consequently, the appeal issues mainly concerned the appropriateness of retaining the deferred commencement drainage condition.