Wallace v Queanbeyan City Council [2009] NSWLEC 1045

Land and Environment Court of New South Wales

CITATION : Wallace v Queanbeyan City Council [2009] NSWLEC 1045

APPLICANT Stephen Donelly Wallace PARTIES : RESPONDENT Queanbeyan City Council

FILE NUMBER(S) : 10499 of 2008

CORAM: Hoffman C

KEY ISSUES: SECTION 121B ORDER :- Rural dwelling house and ancillary shed. Area and bulk of shed exceeds Development Control Plan provisions, retention of the rural landscape visual dominance over buildings, deterrent to unsuitable uses in oversized sheds in a rural residential zone.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Yarralumla Local Environmental Plan 2002

DATES OF HEARING: 29/01/2009

EX TEMPORE JUDGMENT DATE : 29 January 2009

APPLICANT Mr S. Wallace, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Herring, solicitor of Herring Associates & Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

29 January 2009

10499 of 2008 Stephen Donelly Wallace v Queanbeyan City Council

JUDGMENT 1 This is an appeal No 10499 of 2008 between Wallace and Queanbeyan City Council in regard to an order issued under s 121B of the Environmental Planning and Assessment Act 1979, to require compliance with conditions 5 and 6 of development consent 500/2005 issued by the council on 18 September 2006 for a rural dwelling house and ancillary shed at No 32 Thoroughbred Drive, Royalla. This hearing follows an unsuccessful s 34 conciliation conference under the Land and Environment Court Act 1979 where the parties could not agree.