Wilkie v Blacktown City Council [2012] NSWLEC 1223

Land and Environment Court New South Wales

Medium Neutral Citation: Wilkie v Blacktown City Council [2012] NSWLEC 1223 Hearing dates: 16 June 2012, 6, July 2012, 9 August 2012 Decision date: 09 August 2012 Jurisdiction: Class 1 Before: Hussey C Decision: 1. The appeal is upheld. 2. Development consent is granted to development No 10-2926 for alterations and additions to existing building at 106 Robert Street Riverstone, subject to conditions in Annexure A. 3. The exhibits may be returned except 1,2,4,A and G. Catchwords: Development application; dwelling house, BCA compliance, bushfire, consistency with zone objectives. Legislation Cited: EP & A Act 1979 Blacktown LEP 1988 SEPP (Sydney Regional Growth Centres) SREP No 20 - Hawkesbury Nepean River Category: Principal judgment Parties: Ms S Wilkie (Applicant)

Blacktown City Council (Respondent) Representation: Counsel Mr M Fozzard (Applicant)

Mr C Zoppo (Respondent) Solicitors Frasers Legal (Applicant)

Sparke Helmore (Respondent) File Number(s): 10012 of 2012

Judgment

Background 1This appeal is against council's refusal of a development application for alterations and additions to an existing building for its use as a dwelling. It is located at 106 Robert Street Riverstone. 2The existing building was originally constructed as a garage and the proposal is to utilise its area together with extensions to create a three bedroom with study dwelling. 3Initially for the appeal, the following contentions were identified: * Building Code of Australia (BCA) compliance, with particular reference to the adequacy of waterproofing membrane for the existing garage area, as required by the BCA. * Bushfire matters. * Consistency with the Blacktown Local Environmental Plan 2000 (BLEP) objectives and Development Control Plan. 4The appeal commenced by way of a s 34 Conference and the bushfire and planning control issues substantially resolved in a manner that could be covered by agreed conditions. 5As there was no agreement to the BCA contention, the s 34C was terminated and the appeal proceeded to determination.