Willis v Richmond Valley Council 1992 [2007] NSWLEC 821

Land and Environment Court of New South Wales

CITATION : Willis v Richmond Valley Council 1992 [2007] NSWLEC 821

APPLICANT David Willis PARTIES : RESPONDENT Richmond Valley Council 1992

FILE NUMBER(S) : 10206 of 2007 &; 11072 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Non-complying rural shed construction; s121B order to demolish/remove unauthorised works, s96 modification application for retrospective consent.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Richmond Valley Local Environmental Plan

DATES OF HEARING: 10 & 11 December 2007

DATE OF JUDGMENT: 11 December 2007

APPLICANT Mr A Pickles, barrister LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan, barrister

JUDGMENT: ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

11 December 2007

11072 of 2007 & David Willis v Richmond Valley 10206 of 2007 Council This decision was given extemporaneously. It has been revised and edited prior to publication. JUDGMENT

1 These proceedings involve two appeals related to the development of a rural shed (with mezzanine level) at Lot 484 Woodburn Evans Head Road, Doonbah. The appeals comprise No 11072 of 2007, which is a s96 modification application and No 10206 of 2007, which is against a s121B Order.

2 The development was granted conditional consent in December 2004 subject to some 19 conditions which included: 6. The building is only to be used to store or repair agricultural machinery or agricultural equipment and the garaging of private vehicles used on the particular land or to store agricultural produce grown or used on the particular land. The building must be used as a rural out building only, ancillary to the agricultural use of the land and must not be used for residential commercial or industrial purposes without prior consent of Council.