Hennock v Queanbeyan-Palerang Regional Council [2020] NSWLEC 1070

Land and Environment Court New South Wales

Medium Neutral Citation: Hennock v Queanbeyan-Palerang Regional Council [2020] NSWLEC 1070 Hearing dates: 20 December 2019 Date of orders: 19 February 2020 Decision date: 19 February 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979, the Council is directed to issue a building information certificate with respect to the gazebo, garage, greenhouse and the shed identified in Annexure A and located at 7 Staunton Place, Googong. Catchwords: APPEAL – building information certificate – unauthorised structures erected on land within a community title subdivision – structures erected outside of a building envelope contrary to by-law – building envelope can only be amended by unanimous resolution of the association and consent of the Council – whether the by-law is a jurisdictional bar relevant to notional development application – structures structurally sound and there is no issue concerning environmental or planning impacts Legislation Cited: Community Land Development Act 1989 Community Land Management Act 1989 Environmental Planning and Assessment Act 1979 Queanbeyan Local Environmental Plan 2012 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Ireland v Cessnock City Council (1999) 110 LGERA 311; [1999] NSWLEC 153 Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 Wenli Wang v North Sydney Council [2018] NSWLEC 122 Category: Principal judgment Parties: Trevor Hennock (First Applicant) Kylie Hennock (Second Applicant) Queanbeyan-Palerang Regional Council (Respondent) Representation: Counsel: P Herrald (Solicitor) (Applicant) A Brickhill (Solicitor) (Respondent)