Waite v Blacktown City Council [2008] NSWLEC 1130

Waite v Blacktown City Council [2008] NSWLEC 1130

As sufficient information was provided and there were no further objections by the council, the Court finds no reason to refuse approval of the application, subject to agreed conditions.

Parties
Applicant: David Waite; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Class 1 Appeal / Judgment Following Hearing
Outcome
Development application approved subject to conditions
Legal Topics
Development Application, Extension of Rural Shed
Planning Law Environmental Law Development Application Extension of Rural Shed

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Parties

David Waite

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment Following Hearing

Legal Issues

  1. 1 Whether the application to extend the existing rural shed should be approved given previous refusal due to insufficient information

Ratio Decidendi

As sufficient information was provided and there were no further objections by the council, the Court finds no reason to refuse approval of the application, subject to agreed conditions.

Court Disposition

Development application approved subject to conditions

Orders

  • Development application No. 06-2159 for a 144 m2 extension to an existing shed at Lot 4 DP 17048, 879 Richmond Road, Marsden Park is approved subject to Conditions 1 to 34 in Annexure A.
  • The exhibits are returned to the parties except Exhibits A, B, C and 3.