Hambilton & Anor v Young Shire Council [2014] NSWLEC 1120

Land and Environment Court New South Wales

Medium Neutral Citation: Hambilton & Anor v Young Shire Council [2014] NSWLEC 1120 Hearing dates: 26 May 2014 Decision date: 04 June 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Conditions of consent, acoustics Legislation Cited: Land and Environment Court Act 1979; Young Local Environmental Plan 2010 Category: Principal judgment Parties: Maria A Hambilton Patrick G Hambilton (Applicants)

Young Shire Council (Respondent) Representation: Mrs M Hambilton (Litigant in Person)

Mr A Bradbury Bradley Allen Love Lawyers File Number(s): 10971 of 2013

Judgment 1The applicants, Mr and Mrs Hambilton, were granted development consent (DA 2010/DA-00182) (consent) by Young Shire Council on 4 August 2011 for use of an existing shed at Lot 9 DP 1066837, No 31 Newton Road, Young for the purpose of a dog kennel (non-commercial). Mrs Hambilton breeds dogs as a hobby. 2The applicants are appealing one of the conditions, condition 9, seeking its deletion. That condition requires existing dog runs to be relocated to the opposite side of the shed.

The site and the locality 3The site is within a rural residential area on the outskirts of Young. It has an area of 3293sqm and contains a dwelling house and associated outbuildings including the shed the subject of the consent. According to the evidence the shed has dimensions of approximately 12m x 6m. It is constructed with a metal frame and cladding. An awning extends across the southern side of the structure, which partially covers a number of caged dog runs. These runs are accessed through individual openings within the southern face of the shed and by external gates from the yard area of the site. 4A screen wall has been erected between the shed and the boundary of the adjoining property. 5Adjoining development comprises large lot residential development in a rural setting.