Palmer v Auburn City Council [2010] NSWLEC 1308

Land and Environment Court of New South Wales

CITATION : Palmer v Auburn City Council [2010] NSWLEC 1308

APPLICANT Raymond Andrew Palmer PARTIES : RESPONDENT Auburn City Council

FILE NUMBER(S) : 10682 of 2010

CORAM: Hussey C

KEY ISSUES: SECTION 121B ORDER :- Demolition order; unauthorised garage excessive size and not consistent with development controls; impact on neighbourhood.

Land and Environment Court Act 1979 Auburn Local Environment Plan 2000 Auburn Local Environment Plan 2010 LEGISLATION CITED: Auburn General Requirements Development Control Plan Auburn Detached Dwellings Development Control Plan Auburn Stormwater Drainage Development Control Plan Building Code of Australia

DATES OF HEARING: 9 November 2010

DATE OF JUDGMENT: 10 November 2010

APPLICANT Mr D Briggs (solicitor) SOLICITOR DC Briggs & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr A Hudson (solicitor) SOLICITOR Wilshire Webb Staunton & Beattie Lawyers

JUDGMENT: - 7 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

10 November 2010.

10682 of 2010 Palmer, Raymond Andrew v Auburn City Council

JUDGMENT Background 1 This appeal is against a s121B Order requiring the demolition and removal of an unauthorised garage that has been constructed in the rear yard at 71 Victoria Street West, Lidcombe. 2 The garage is described as having an area of approximately 91.2sqm with a width of 12m and depth of 7.6m. It is a portal framed structure with green colourbond sheeting, which sits on a concrete slab. The garage structure covers practically the entire width of the lot, with minimal side and rear setbacks.