Land and Environment Court of New South Wales CITATION : Osmotherly and Anor v Baulkham Hills Shire Council [2008] NSWLEC 1308 APPLICANT Darren John Osmotherly and Kellianne Osmotherly PARTIES : RESPONDENT Baulkham Hills Shire Council FILE NUMBER(S) : 10241 of 2008 CORAM: Bly C KEY ISSUES: Building Certificate :- various buildings comprising a tourist facility LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Osmotherly v Baulkham Hills Shire Council [2008] NSWLEC 1281 DATES OF HEARING: 23/05/2008 and 24/07/2008 EX TEMPORE JUDGMENT DATE : 24 July 2008 APPLICANT Mr J. Simpson, solicitor of Woolf Associates LEGAL REPRESENTATIVES: RESPONDENT Mr C. Winn, solicitor of Baulkham Hills Shire Council JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Bly C 24 July 2008 10241 of 2007 Darren John Osmotherly and Kellianne Osmotherly v Baulkham Hills Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication. JUDGMENT 1 On 11 July 2008 the appeal in Osmotherly v Baulkham Hills Shire Council [2008] NSWLEC 1281 in relation to a development application seeking consent to operate a tourist facility mainly utilising existing buildings and the construction of a new dwelling house on land at 766 River Road, Lower Portland (Lot 8 DP 816860) was upheld and conditional development consent granted. 2 This appeal involves an application seeking approval of a building certificate for the various buildings associated with this tourist facility. 3 On 11 July 2008 the parties submitted that as a result of the Court's upholding of the above appeal, the sought building certificate can, by consent, be granted. There being no dispute between the parties and not being aware of any other concerns in relation to this matter I have decided that the sought certificate as contained in Exhibit A should be granted. ___________________ T A Bly Commissioner of the Court ljr DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.