Baevski v Wingecarribee Shire Council [2009] NSWLEC 1014

Land and Environment Court of New South Wales

CITATION : Baevski v Wingecarribee Shire Council [2009] NSWLEC 1014

APPLICANT Dellarose Baevski PARTIES : RESPONDENT Wingecarribee Shire Council

FILE NUMBER(S) : 10724 of 2008

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- construction of an enclosure over an existing dressage arena - canopy over an existing tack shed and the construction of a new storage and machinery shed - categorisation of proposed use - visual impact

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Wingecarribee Local Environmental Plan 1989

DATES OF HEARING: 12,13/12/08

DATE OF JUDGMENT: 22 January 2009

APPLICANT Mr D Brigden, solicitor SOLICITORS Holding Redlich Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr J Ayling SC SOLICITORS B. Blinsky & Co

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

22 January 2009

10724 of 2008 Dellarose Baevski v Wingecarribee Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application LUA08/0389 by Wingecarribee Shire Council (the council) for the construction of an enclosure over an existing dressage arena, a canopy over an existing tack shed and the construction of a new storage and machinery shed at Lot 6, Myra Vale Road, Wildes Meadow (the site).

2 A threshold issue raised by the council is the categorisation of the proposed use and consequently whether the proposed enclosure is a permissible use in the zone. If the resolution of the categorisation issue allows the proposed enclosure to be further considered, the merit issues raised by the council relate to the visual impact of the proposed enclosure. The council raised no issue to the canopy over the existing tack shed and the construction of a new storage and machinery shed. The site 3 The site is Lot 6 in DP 737470. It is u-shaped with a dual frontage to Myra Vale Road along its western boundary. It has an area around 30 ha. Morton National Park adjoins the site to the north and east. The site has a moderate slope in a south-east direction and has been predominantly cleared of native vegetation and consists primarily of grassland although there are scattered stands of vegetation over the site.