Lees and anor v Cessnock City Council [2008] NSWLEC 1221

Land and Environment Court of New South Wales

CITATION : Lees and anor v Cessnock City Council [2008] NSWLEC 1221

APPLICANT Geoff Lees and Julie Radford PARTIES : RESPONDENT Cessnock City Council

FILE NUMBER(S) : 11050 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- erection of dwelling - proximoty to existing puoltry farm

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 16/01/08, 21/05/08

EX TEMPORE JUDGMENT DATE : 21 May 2008

APPLICANT Ms Julie Radford, applicant

LEGAL REPRESENTATIVES: RESPONDENT Mr R Mallik, solicitor SOLICITORS Mallik Rees Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

21 May 2008

11050 of 2007 Geoff Lees and Julie Radford v Cessnock City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application No. 8/2006/1162/1 by Cessnock City Council (the council) for the erection of a single storey dwelling at 88 Sawyers Gully Road, Sawyers Gully (the site).

2 The proceedings were heard as a s 34 Conference on 16 January 2008. The Conciliation Conference was terminated as no agreement could be reached by the parties in accordance with s 34(3) of the Land and Environment Court Act 1979. Mr Mallik, for the council, advised that the council was reconsidering the development application and that it would be appropriate for the matter to be adjourned. This would allow further plans to be prepared based on discussions held at the s 34 Conference. The applicant did not oppose the adjournment. Mr Mallik advised on 9 March 2008 that the council agreed to proceed with Consent Orders with the objector providing evidence at the reconvened on site s 34 Conference on 21 May 2008.. The judgement reflects the contents of the Statement of Facts and Contentions and the findings given on-site on 21 May 2008. 3 The site is Lot 2 in DP 1005036. It is a regularly shaped lot with a frontage of 58 m to Sawyers Gully Road and a depth of 344.83 m giving a total site area of 2 ha. The land is currently vacant. The surrounding land use is rural in nature with an existing dwelling located to the north-west and an existing poultry farming establishment located to the south-east (72 Sawyers Gully Road).