Endo Techik-Nord Pty Ltd v Kiama Municipal Council [2012] NSWLEC 1096

Land and Environment Court New South Wales

Medium Neutral Citation: Endo Techik-Nord Pty Ltd v Kiama Municipal Council [2012] NSWLEC 1096 Hearing dates: 27 February 2012 Decision date: 19 April 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: In Appeal No 10953 of 2011, the orders of the Court are: 1. The appeal is dismissed, 2. The development application for a cottage industry at 96 Rose Valley Road, Rose Valley is refused. 3. The exhibits are returned with the exception of exhibit 2. In Appeal No 10516 of 2011, the orders of the Court are: 1. The appeal is dismissed, 2. Modified Order No. 2 under Part 6 Division 2A of the Environmental Planning and Assessment Act 1979, issued by Kiama Municipal Council on 16 May 2011 for premises Lot 103, DP 561082,H/N 96 Rose Valley Road, Rose Valley is modified in accordance with s 121ZK(4)(b) of the Environmental Planning and Assessment Act 1979 by the deletion of the following paragraph: As the owner you are hereby ORDERED to comply with the following requirements within 60 (sixty) days of the date of this Order. and its replacement with the following paragraph: As the owner you are hereby ORDERED to comply with the following requirements within 12 months of the date of this Order. 3. The exhibits are returned with the exception of exhibit 2. In Appeal No 11138 of 2011, the orders of the Court are: 1. The appeal is dismissed, 2. Notice of Determination for a Building Certificate No 40.2011.19.1 under Section 149B 1of the Environmental Planning and Assessment Act 1979 Application, issued by Kiama Municipal Council on 1 November 2011 for premises Lot 103 and 102, DP 561082 and 1117926, 96 Rose Valley Road, Rose Valley is confirmed but altered in accordance with s 149(3)(b) of the Environmental Planning and Assessment Act 1979 by deleting the Reasons for Refusal and replacing paragraphs 1 and 2 with the following: 1. No development consent has not been granted for the stairs and viewing platform. 3. The exhibits are returned with the exception of exhibit 2. Catchwords: APPEAL - three separate but related appeals in relation to the refusal of a development application for a cottage industry including stair structure and viewing platform, a s 121B order to demolish and remove the stair structure and viewing platform constructed without approval, a building certificate to allow retention of the stair structure and viewing platform Legislation Cited: Environmental Planning and Assessment Act 1979 Factories, Shops and Industries Act 1962 Kiama Development Control Plan No. 11 Kiama Local Environmental Plan 1996 Kiama Local Environmental Plan 2011 Cases Cited: Abret Pty Ltd v Wingecarribee Shire Council [2011] 180 LGERA 343 Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Chamwell Pty Limited v Strathfield Council (2007) 151 LGERA 114 Egan v Hawkesbury City Council [1993] 79 LGERA 321 Category: Principal judgment Parties: Endo Techik-Nord Pty Ltd (Applicant)