Maschewski v Murray Shire Council [2015] NSWLEC 1251

Land and Environment Court New South Wales

Medium Neutral Citation: Maschewski v Murray Shire Council [2015] NSWLEC 1251 Hearing dates: 17-18 June 2015 Decision date: 09 July 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: rural worker's dwelling Legislation Cited: Land and Environment Court Act 1979; Environmental Planning and Assessment Regulation 2000; Murray Local Environmental Plan 2011; Murray Regional Environmental Plan No 2 – Riverine Land Texts Cited: Murray Shire Development Control Plan 2012 Category: Principal judgment Parties: Mark Maschewski (Applicant) Murray Shire Council (Respondent) Representation: Counsel: Ms L Saw (Applicant) Ms J Reid (Respondent)

Solicitors: Mr A Brickhill, Kell Moore Lawyers (Respondent) File Number(s): 10240 of 2015

Judgment 1. Mr Maschewski lodged development application DA 081/15 with Murray Shire Council on 20 October 2014 seeking development consent for the use of an existing building as a rural workers' dwelling. The council refused consent and he is appealing that decision. 2. The matter is subject to the provisions of s34AA of the Land and Environment Court Act 1979 (LECAct). Conciliation between the parties was unsuccessful and the matter proceeded to hearing.

The site and its context 1. The site is legally described as Lot 4 in Deposited Plan 562037 and is known as No 1111 Perricoota Road, Moama. It is an irregular shaped allotment with road frontage of 165m and its western boundary fronting the Murray River. Site area is 10.48ha. A gravel driveway provides vehicular access to the site and an existing dwelling house that is constructed in the south western corner of the site in proximity to the river. That dwelling house is contained on an area separated from five fenced paddocks, four of which are to the east of the access driveway and the fifth to its south. The latter is the site of the building the subject of the application. That paddock has an area of approximately 1ha. 2. The township of Moama is approximately 10.5 kilometres to the east of the site. Neighbouring development is predominantly broad acre agriculture. 3. At the present time the four northern paddocks are used for the agistment of sheep and cattle. At the site view there were 3 ewes and 6 lambs and 9 cattle (7 mature and 2 weaners). The paddock that contains the subject building is not used for any agricultural purpose at the present time and, according to the evidence is not intended to be used for such purpose. 4. The owners of the site own a 44ML irrigation licence.