Smith and anor v Great Lakes Council [2007] NSWLEC 291

Land and Environment Court of New South Wales

CITATION : Smith and anor v Great Lakes Council [2007] NSWLEC 291

APPLICANT Edwin Clyde Smith and Hazel Jean Winchester PARTIES : RESPONDENT Great Lakes Council

FILE NUMBER(S) : 10002 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- extension to an existing garage/carport - size - character of area - visual impact

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Great Lakes Local Environmental Plan 1996

DATES OF HEARING: 18/04/07, 22/05/07

DATE OF JUDGMENT: 29 May 2007

APPLICANT Mr G Williams, solicitor SOLICITORS THompson Norrie LEGAL REPRESENTATIVES: RESPONDENT Mr P Rees, solicitor SOLICITORS Mallik Rees Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

29 May 2007

10002 of 2007 Edwin Clyde Smith and Hazel Jean Winchester v Great Lakes Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Great Lakes Council (the council) of Development Application No 854/2006 for an extension to an existing garage/carport at 46 Alexandra Street Bulahdelah (the site).

2 The matter was originally to be conducted as a Court Hearing however the parties agreed to conduct the matter as an On Site Hearing. The judgement reflects the contents of the Statement of Basic Facts and the findings given on-site on 18 April 2007. The parties were requested to provide conditions that reflected the findings in the judgment at this time however further disagreement arose over conditions relating to the timing of the removal of the carports and the provision of landscaping. The parties made further submissions on 22 May 2007 on the disputed conditions. The site 3 The site is Lot 1 Sec 18 DP 758177. It has a frontage to Alexandra Street (western boundary) and Jackson Street (southern boundary) and an unmade lane (eastern boundary) and a total site area 1442 sq m. The existing dwelling fronts to Alexandra Street and the existing garage/carport fronts was Jackson Street. The existing garage/carport has a total area role of 108 sq m consisting of a garage of 54 sq m (6 m x 9 m) and a carport attached to each side of the garage, each with an area of 27 sq m (3 m x 9 m).