Barcoo Designs Pty Ltd v Sutherland Shire Council [1989] NSWLEC 41

Land and Environment Court of New South Wales

CITATION : Barcoo Designs Pty Ltd v Sutherland Shire Council [1989] NSWLEC 41 APPLICANT Barcoo Designs Pty Ltd PARTIES : RESPONDENT Sutherland Shire Counci

FILE NUMBER(S) : 20608 of 1987 CORAM: Stein J KEY ISSUES: :- Land and Environment Court Act LEGISLATION CITED: Local Government Act Interpretation Act CASES CITED: Cleaver v. Byron Shire Council ((1975) 31 LGRA 31) DATES OF HEARING: DATE OF JUDGMENT: 02/20/1989

APPLICANT Mr. Schofield LEGAL REPRESENTATIVES: RESPONDENT Mr. Graham

JUDGMENT:

HIS HONOUR: This is an appeal under s.56A of the Land and Environment Court Act against a decision of an Assessor dismissing an appeal against the refusal of a building application by the Council. The application was for the erection of a swimming pool at the rear of a dwelling on land at 54 Ingrid Road, Kareela, adjacent to Oyster Bay. The Assessor found that the proposed development was within a Waterways (7a) zoning under the Sutherland Planning Scheme Ordinance and was prohibited, the purpose falling within Col. V of the Ordinance. As a consequence he dismissed the appeal.

I pause to interpolate that although the Notice of Appeal sought to raise the issue of the development being a "swimming enclosure" under Col. IV, and thereby permissible with consent, this was not pursued at the hearing.

The appellant argues that the Assessor's finding was wrong in law and that at all material times the location of the proposed swimming pool was within a Residential 2(e1) zoning whereby the development is permissible with consent.