Maschewski v Murray Shire Council [2015] NSWLEC 1251

Maschewski v Murray Shire Council [2015] NSWLEC 1251

Consent could not be granted because the Court was not satisfied that clause 4.2B of Murray Local Environmental Plan 2011 was met. Although the proposed rural worker's dwelling was on the same lot as an existing lawfully erected dwelling house, the applicant did not establish that the development would not impair agricultural use of the land, that the existing agricultural use had demonstrated capacity to support ongoing rural employment to the required extent, or that an additional dwelling was necessary having regard to the nature of the lawful agricultural use rather than the owner's personal circumstances.

Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Class 1 Development Application Appeal / Hearing After Unsuccessful S34 AA Conciliation
Outcome
Appeal dismissed
Legal Topics
['development Application' "rural Worker's Dwelling" 'ru1 Primary Production Zone' 'agricultural Use and Commercial Purpose' 'essential Services' 'existing Unauthorised Building']
['planning and Environment' 'development Control'] ['development Application' "rural Worker's Dwelling" 'ru1 Primary Production Zone' 'agricultural Use and Commercial Purpose' 'essential Services' 'existing Unauthorised Building']

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Procedural Posture

Class 1 Development Application Appeal / Hearing After Unsuccessful S34 AA Conciliation

Legal Issues

  1. 1 ["Whether development consent could be granted for use of an existing building as a rural worker's dwelling under clause 4.2B of Murray Local Environmental Plan 2011." 'Whether the development would impair the use of the land for agricultural or rural industries.' 'Whether the agricultural or rural industry being carried out on the land had a demonstrated capacity to support ongoing employment of rural workers.' 'Whether the development was necessary considering the nature of the agricultural or rural industry land use lawfully occurring on the land or because of remote or isolated location.' 'Whether the development was consistent with the aims and zone objectives of Murray Local Environmental Plan 2011 and satisfied clause 7.1 essential services.']

Ratio Decidendi

Consent could not be granted because the Court was not satisfied that clause 4.2B of Murray Local Environmental Plan 2011 was met. Although the proposed rural worker's dwelling was on the same lot as an existing lawfully erected dwelling house, the applicant did not establish that the development would not impair agricultural use of the land, that the existing agricultural use had demonstrated capacity to support ongoing rural employment to the required extent, or that an additional dwelling was necessary having regard to the nature of the lawful agricultural use rather than the owner's personal circumstances.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "Development Application DA 081/15 that sought development consent for the use of an existing building as a rural workers' dwelling is refused consent." 'The exhibits, other than exhibits C and 1, are returned.']