Zanotto v Griffith City Council [2008] NSWLEC 1133

Land and Environment Court of New South Wales

CITATION : Zanotto v Griffith City Council [2008] NSWLEC 1133

APPLICANT Francis Zanotto PARTIES : RESPONDENT Griffith City Council

FILE NUMBER(S) : 10836 of 2007

CORAM: Hoffman C

KEY ISSUES: Section 97 Appeal :- Conditions of consent, stormwater detention, consolidation of lots, fire escape, contributions for water supply and sewerage, requirement for kerb and gutter and footpath.

Environmental Planning and Assessment Act 1979 Griffith Local Environmental Plan 2002 LEGISLATION CITED: Water Management Act 2000 Section 64 Determination of Equivalent Tenements Guidelines Water Management (Water Supply Authorities) Regulation 2004

DATES OF HEARING: 06/02/2008

DATE OF JUDGMENT: 9 April 2008

APPLICANT Mr Zanotto, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr S. Griffiths, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

9 April 2008.

10836 of 2007 Francis Zanotto v Griffith City Council

JUDGMENT 1 This is a Class 1 Appeal No. 10836 of 2007 between Francis Zanotto and Griffith City Council in regard to conditions of Development Consent No.241/2006 to change existing disused squash courts into a hostel and to carry out related construction works and parking. The site 2 The property is at Nos.72-76 Benerembah Street, Griffith. The land is a corner property with frontage to Griffin Lane at the south side and Benerembah Lane on the west side. There are 3 allotments on the property. Lots 14 and 15 are mostly covered by the squash courts building, but there is a yardspace at the rear fronting Benerembah Lane. The yard wraps around the building on its south side up to about half the length of the Griffin lane frontage, from there towards Benerembah Street the building is on the boundary. The proposal 3 Within the yardspace on Lot 15 is an existing small shed to be converted to a laundry. Part of a larger shed in the same yard is on Lot 14 and the shed extends onto Lot 13. The large shed backs onto the Benerembah Lane boundary and is accessed from vacant area on Lot 13 that runs from the shed up to Benerembah Street. The shed is to provide 2 lock-up garages and 4 carport spaces. The vacant area is mainly on Lot 13 and partly on Lot 14. The area provides driveway access off Benerembah Street and a further 14 car spaces including one disabled person carspace. This provides a total of 20 on-site car spaces.