Clearihan & Anor v Cooma-Monaro Shire Council [2013] NSWLEC 1120

Land and Environment Court New South Wales

Medium Neutral Citation: Clearihan & Anor v Cooma-Monaro Shire Council [2013] NSWLEC 1120 Hearing dates: 24 June 2013 Decision date: 08 July 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Orders, whether development is exempt development, demolition Legislation Cited: Cooma-Monaro Local Environmental Plan 1999 - (Rural) Environmental Planning and Assessment Act 1979; State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; Cases Cited: Clearihan and Anor v Cooma - Monaro Shire Council [2011] NSWLEC 1155 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Christopher Clearihan Cheryl Love (Applicants)

Cooma-Monaro Shire Council (Respondent) Representation: Solicitors Mr John Last (Applicant)

Mr Alan Bradbury Bradley Allen Love Lawyers (Respondent) File Number(s): 10220 of 2013

Judgment 1Cooma-Monaro Shire Council has issued Orders to Mr Clearihan and Ms Love (applicants), owners of land known as Lot C PD 334335 Monaro Highway, Michelago, requiring the removal of a storage structure erected on that land. The applicants have appealed the provisions of that Order under s121ZK(1) of the Environmental Planning and Assessment Act 1979 (EPAAct) and are seeking that the Court revoke the Order.

The site and its context 2The site is located on the western side of the Monaro Highway in a rural area approximately 9.5k to the south of the township of Michelago. It has an area of 86.6ha and is primarily vacant land with a small portion of the site leased for share farming. A private airstrip is also located on the site.