Richards & anor v Baulkham Hills Shire Council [2008] NSWLEC 1503

Land and Environment Court of New South Wales

CITATION : Richards & anor v Baulkham Hills Shire Council [2008] NSWLEC 1503

APPLICANTS E & S Richards PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 10881 of 2008

CORAM: Moore C

Building Certificate :- KEY ISSUES: Unapproved development Privacy

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Baulkham Hills Local Environmental Plan 2005

Ireland v Cessnock City Council 110 LGERA 311 CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373 Super Studio v Waverley Council [2004] NSWLEC 91

DATES OF HEARING: 9 December 2008

EX TEMPORE JUDGMENT DATE : 9 December 2008

APPLICANTS Mr Young, barrister LEGAL REPRESENTATIVES: RESPONDENT Mr Winn, solicitor Baulkham Hills Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

9 December 2008

08/10881 E & S Richards v Baulkham Hills Shire Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: Mr and Mrs Richards reside at 5 Maralinga Avenue, West Pennant Hills. They have erected, along the southern side of their house, a deck which is approximately 16 m in length and 4.2 m in width – at a height between 1700 and 1900 mm above ground level. The deck is set back approximately 6.8 m from the rear boundary (which is the boundary of their property with that owned by Mr and Mrs Dennis at 16 Timberline Avenue).