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. 4 Since that date, the applicant has supplied the required information to council's satisfaction and the drawings and structural details are included in Exhibit B of this appeal. 5 The council, therefore, has no further objection to the proposal and therefore has submitted short minutes of order signed by both parties to the Court to allow its approval, subject to the agreed conditions in Exhibit 3 as hand annotated. 6 That being the case, I see no reason to refuse a request by the parties for the approval. The orders of the Court therefore are: 1. Development application No. 06-2159 lodged with the respondent council on 4 August 2006 to erect a 144 m2 extension to an existing shed at Lot 4 DP 17048, being 879 Richmond Road, Marsden Park is approved subject to Conditions 1 to 34 in Annexure A hereto. 2. The exhibits returned to the parties except Exhibits A, B, C and 3. ___________________ K G Hoffman Commissioner of the Court ljr DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.