NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Osmotherly v Baulkham Hills Shire Council [2008] NSWLEC 1281
APPLICATION Darren John Osmotherly and Kellianne Osmotherly PARTIES : RESPONDENT Baulkham Hills Shire Council
FILE NUMBER(S) : 11044 of 2007
CORAM: Bly C
KEY ISSUES: Development Application :- Building Certificate, tourist facility definition, take away food shop/kiosk, restaurant dwelling house, rural residential amenity.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Baulkham Hills Shire Council Local Environmental Plan 2005
CASES CITED: Baulkham Hills Shire Council v O'Donnell (1990) 69 LGRA 404 Sansom v Port Stephens Council [2006] NSWLEC 475
DATES OF HEARING: 27/03/2008 and 23/05/2008
DATE OF JUDGMENT: 11 July 2008
APPLICANT Mr P. Larkham, barrister Instructed by John Simpson & Co. LEGAL REPRESENTATIVES:
RESPONDENT Mr A. Galasso, SC Instructed by Mr C. Winn, solicitor
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
11 July 2008
11044 of 2007 Darren John Osmotherly and Kellianne Osmotherly v Baulkham Hills Shire Council
JUDGMENT Introduction 1 This appeal involves 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. More particularly the tourist facility involves houseboat rental, a restaurant, a take-away food shop/kiosk, and various associated facilities including an on-site sewage treatment plant.
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