NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sturzaker v Queanbeyan City Council [2009] NSWLEC 1412
APPLICANT Laurie Sturzaker and Patricia Sturzaker PARTIES : RESPONDENT Queanbeyan City Council
FILE NUMBER(S) : 10519 of 2009
CORAM: Brown C
KEY ISSUES: BUILDING CERTIFICATE :- shed erected without development consent - whether Building Certificate should be issued
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Yarrowlumla Local Environmental Plan 2002
DATES OF HEARING: 7 December 2009
EX TEMPORE JUDGMENT DATE : 7 December 2009
APPLICANT Mr P Herrald, solicitor SOLICITORS Jack C Herrald Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr A Herring, solicitor SOLICITORS Herring & Associates
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
7 December 2009
10519 of 2009 Laurie Sturzaker and Patricia Sturzaker v Queanbeyan City Council
JUDGMENT 1 COMMISSIONER: This is an appeal under s 149F of the Environmental Planning and Assessment Act 1979 (the EPA Act) against the refusal by Queanbeyan City Council (the council) to issue a Building Certificate for a shed constructed at 1126 Old Cooma Road, Googong (the site).
2 The shed has an area of 144 sq m and is approximately 5 m in height and is open on its southern and eastern sides. The eastern side is used for access to the shed. It is described by the applicant has an "open car and tractor shed". At the time of the hearing, the shed was used for this parking of a truck and boat.
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