Agostino v Baulkham Hills Shire Council [2009] NSWLEC 1076

Land and Environment Court of New South Wales

CITATION : Agostino v Baulkham Hills Shire Council [2009] NSWLEC 1076

APPLICANT Vince Cosmo Agostino PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 10732 of 2008

CORAM: Bly C

KEY ISSUES: APPEAL :- Demolition order

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 28/01/2009 and 11/03/2009

DATE OF JUDGMENT: 11 March 2009

EX TEMPORE JUDGMENT DATE : 11 March 2009

APPLICANT Mr V. Agostino, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr C. Winn, solicitor of Baulkham Hills Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

11 March 2009

10732 of 2008 Vince Cosmo Agostino v Baulkham Hills Shire Council

JUDGMENT 1 This is an appeal against an Order issued by the Respondent Council, dated 1 July 2008, whereby the Applicant was ordered to: (a) demolish the unauthorised outbuilding structure located a the rear of the subject premises behind the existing dwelling; and (b) demolish the unauthorised attached gazebo located at the rear of the subject premises attached to the unauthorised outbuilding structure. 2 According to the Statement of Facts and Contentions the unauthorised outbuilding structure ("the outbuilding") located at the rear of the site at 4 Toledo Place, Baulkham Hills. It extends from the northern to the western property boundaries of the land, measuring 17.2 metres in length and 4.0 metres in width, with an approximate useable area of approximately 69 square metres. Attached to the front of the outbuilding, to the northern side of the structure, is a pitched roof awning or gazebo, occupying a total floor area of 11.28 square metres. Both structures stand approximately 3.5 metres above natural ground level, ro finished ground level, at their highest points (to the ridge line).