Waite v Blacktown City Council [2008] NSWLEC 1130

Land and Environment Court of New South Wales

CITATION : Waite v Blacktown City Council [2008] NSWLEC 1130

APPLICANT David Waite PARTIES : RESPONDENT Blacktown City Council

FILE NUMBER(S) : 11305 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Application :- to extend an existing rural shed

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 07/03/2008

EX TEMPORE JUDGMENT DATE : 7 March 2008

APPLICANT Mr D. P. Williams, solicitor of Whitehead Cooper Williams LEGAL REPRESENTATIVES:

RESPONDENT Mr T. O'Connor, solicitor of Houston Dearn O'Connor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

7 March 2008

11305 of 2007 David Waite v Blacktown City Council

JUDGMENT 1 This is a Class 1 Appeal No. 11305 of 2007 between David Waite and Blacktown City Council in regard to the refusal of a proposal to extend an existing rural shed at Lot 4 DP17048 being No. 879 Richmond Road, Marsden Park.

2 There already exists on the site that is 2.875 hectares in size, two existing residences, five existing sheds including one large rural shed facing Richmond Road which is currently used as a produce store. The extension which is about 12 metres by 12 metres in size is to be added to this large rural shed which would be approximately 45 metres by 25 metres at the current time.

3 The council had no concern over the fact of the extension, it was simply that the applicant did not supply adequate drawings and specifications so that the council could properly assess it. After several requests for the additional information and it not being supplied, council refused the proposal on 26 November 2007.