Walton v Blacktown City Council [2012] NSWLEC 1047

Land and Environment Court New South Wales

Medium Neutral Citation: Walton v Blacktown City Council [2012] NSWLEC 1047 Hearing dates: 14 February 2012 Decision date: 15 February 2012 Jurisdiction: Class 1 Before: Pearson C Decision: Directions made: 1.By close of business 17 February 2012 the respondent is to notify the applicant as to a range of colours which the respondent considers will match the building in compliance with condition 6.1, and to advise the applicant of the proposed modified terms of the order including a provision that the applicant have 21 days to carry out the work required. 2.The parties are to provide to the Court by close of business on 22 February 2012 the agreed terms of a modified order, and orders will be made in chambers. 3.Liberty to restore the matter on 48 hours notice. Catchwords: Section 121B Order - Compliance with conditions of consent Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: J & J O'Brien Pty Limited v South Sydney Council [2002] NSWLEC 259 Lederer v Sydney City Council [2001] NSWLEC 272 Van Haasteren v South Sydney Council [2000] NSWLEC 168 Walton v Blacktown City Council [2011] NSWLEC 1008 Category: Principal judgment Parties: Lance Walton (Applicant) Blacktown City Council (Respondent) Representation: Mr C Adamson (Applicant) Mr D Loether (Respondent) File Number(s): 10828 of 2011

EX TEMPORE Judgment 1This is an appeal under s 121ZK of the Environmental Planning and Assessment Act 1979 (the Act) against an order issued under s121B of the Act (Order No.1) by Blacktown City Council on 9 September 2011 in relation to premises at 16 Nicholas Street, Blacktown owned by the applicant and his wife. 2Development consent was granted on 21 January 2011 by the Court for use of the premises as a group home: Walton v Blacktown City Council [2011] NSWLEC 1008. The conditions of consent included condition 6.1 and 6.2: 6 PRIOR TO OCCUPATION 6.1 Privacy screening is to be erected along the street-fronting external staircase leading to the upper level of the dwelling and the installation of fixed privacy louvres to the windows of the first floor bedrooms and lounge/foyer areas which overlook to adjoining properties. 6.2 Any dilapidated fencing is to be replaced with new 1.8 metre high colorbond/lapped and capped timber fencing or 300 mm lattice is to be added on top of an existing 1.5 metre high fence that is in good condition, at full cost to the applicant. 3On 17 March 2011 the applicant applied to the Council under s 96(1)(a) of the Act to modify the development consent. On 16 June 2011 the Council notified the applicant that the consent had been modified including relevantly the following modification of condition 6.1: Condition 6.1 is amended to read: Privacy screening is to be erected along the street-fronting the external staircase leading to the upper level of the dwelling in the form of an opaque screen or framed lattice painted to match the building, to a height of 1.2m above stair level measured at all points and by the installation of opaque film/tint to all parts of the windows of the first floor bedrooms below a height of 1.5m measured from the floor level.