Jambrecina v Blacktown City Council [2008] NSWLEC 1505

Land and Environment Court of New South Wales

CITATION : Jambrecina v Blacktown City Council [2008] NSWLEC 1505

Applicant: Jadranka Jambrecina PARTIES : Respondent: Blacktown City Council

FILE NUMBER(S) : 10820 & 10821 of 2008

CORAM: Roseth SC

KEY ISSUES: Building Certificate - Development Application :-

DATES OF HEARING: 22/12/2008

EX TEMPORE JUDGMENT DATE : 22 December 2008

Applicant: LEGAL REPRESENTATIVES: in person Respondent: Mr P Kelso, solicitor of Bartier Perry

JUDGMENT: - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

22 December 2008

10820 of 2008 Jadranka Jambrecina v Blacktown City 10821 of 2008 Council

JUDGMENT 1 Senior Commissioner: These are two appeals against decisions of Blacktown City Council (the council). Appeal No 10820 of 2008 is an appeal against the council's refusal of a development application to use six sheds in the rear yard of 29 Knox Road, Doonside for recreational activity. Appeal No 10821 of 2008 is an appeal against the council's refusal of a building certificate for the six sheds mentioned above.

The site 2 The site is the rear yard of 29 Knox Street. It is in a typical low-density residential area. Its area is 1,214m2. The existing residence is 134m2 in area. Adjoining properties have outbuildings in the rear. The subject property contains six sheds, of which two near the southern boundary have been there for many years, though no council approval can be found. The other four sheds date from 2006, are prefabricated and placed close to each other in the rear of the site near the northeast corner. The total area of the six sheds is 76m2.