Griffis and anor v Tweed Shire Council [2011] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: Griffis and anor v Tweed Shire Council [2011] NSWLEC 1126 Hearing dates: 4 November 2010 Decision date: 10 March 2011 Jurisdiction: Class 1 Before: Moore SC Decision: Matter No 10535 of 2010 (1) The applicants are to complete, within 30 days of the date of this decision, the external cladding of the building to render it vermin proof and to complete the internal lining in the bathroom; (2) The applicants are notify the respondent and the Court, within 35 days of the date of this decision, that they have completed the external cladding of the building to render it vermin proof and have completed the internal lining in the bathroom; (3) The respondent is directed to inspect the building and file and serve any certificate of satisfaction or otherwise with the works in (1) within 10 days of being notified pursuant to (2) that these works have been completed; (4) The applicants are to file and serve all outstanding certificates, including a structural engineer's certificate certifying that the shed is structurally adequate, within 45 days of the date of this decision; (5) Liberty to re-list Matter No 10763 of 2010 before me on two days notice concerning any matters arising out of directions (1) to (4); (6) If the parties comply with directions (1) to (4) and there are no matters requiring re-listing pursuant to those directions, orders will be made in chambers upholding the appeal and ordering the respondent to issue a building certificate to the applicants within 28 days of the date of those orders; and (7) If the applicants do not comply with (1), (2) or (4) or exercise the liberty to re-list in (5), within 10 days of service of any certificate issued by the respondent concerning the works in (1), any dispute concerning any such certificate, the appeal in Matter No 10763 of 2010 will be dismissed without further reference to the parties. Matter No 10763 of 2010 (1) The appeal is dismissed; (2) Development Application DA08/1056 for approval of the use as a rural worker's dwelling of part of the shed structure constructed pursuant to Development Consent DA06/0827 is determined by refusal of development consent; and (3) The exhibits, other than Exhibits 1, 2, A and B, are returned. Catchwords: BUILDING CERTIFICATE APPLICATION; incomplete works; conversion of portion of a rural shed into a dwelling; need for structural and other certification. DEVELOPMENT APPLICATION; proposed use of a rural shed as a rural worker's dwelling; second dwelling on a rural property; consistency with zone objectives; satisfaction of exception in Local Environmental Plan to permit a rural worker's dwelling; meaning of words "employment" and "employed" in the exception. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 - Development Standards Tweed Local Environmental Plan 2000 Tweed Local Environmental Plan 2009 Cases Cited: Ireland v Cessnock City Council [1999] NSWLEC 153; (1999) 103 LGERA 285 Pancho Properties Pty Ltd v Wingecarribee Shire Council [1999] NSWLEC 245 Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 Category: Principal judgment Parties: J & P Griffis (applicants) Tweed Shire Council (respondent) Representation: Counsel: Ms S Duggan SC (applicant) Solicitors: Hunt & Hunt (applicant) Ms N Simmons Sparke Helmore (respondent) File Number(s): 10535 and 10763 of 2010