Geary v Cessnock City Council [2017] NSWLEC 1397

Land and Environment Court New South Wales

Medium Neutral Citation: Geary v Cessnock City Council [2017] NSWLEC 1397 Hearing dates: 26 July 2017 Date of orders: 01 August 2017 Decision date: 01 August 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 8/2016/337/1 for the change of use of an existing garage to a dwelling, at 10 Glennie Street, Ellalong, is refused. 3. The exhibits, other than exhibits 1, 6, A, C and F, are returned. Catchwords: DEVELOPMENT APPLICATION: change of use from a garage in a shed to a dwelling; whether the proposal is consistent with the existing character of development in the street; privacy impacts. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Ireland v Cessnock City Council (1999) 103 LGERA 285 Texts Cited: Nil Category: Principal judgment Parties: Mr Allan Geary (Applicant) Cessnock City Council (Respondent) Representation: Counsel: Mr K. Nichols agent (Applicant) Mr A. Pickup solicitor (Respondent)

Solicitors: Local Government Legal (Respondent) File Number(s): 2017/81584 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 8/2016/337/1 for the change of use of an existing garage in a shed to a dwelling and ancillary alterations and additions (the proposal) at 10 Glennie Street, Ellalong (the site) by Cessnock City Council (the Council). 2. The appeal was subject to mandatory conciliation on 26 July 2017, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation conference, it was terminated and a hearing held forthwith, pursuant to s 34AA(2)(b)(i) of the LEC Act.