Gosling v Penrith City Council

Land and Environment Court New South Wales Medium Neutral Citation: Gosling v Penrith City Council [2016] NSWLEC 1288 Hearing dates:13 May, 8 July 2016Date of orders: 12 July 2016 Decision date: 12 July 2016 Jurisdiction:Class 1Before: Dixon C Decision: See paragraph [48] Catchwords: APPEAL – Building Certificate application – unauthorised fence Legislation Cited: Environmental Planning and Assessment Act 1979 Penrith Development Control Plan 2014 Penrith Local Environmental Plan 2010 State Environmental Planning Policy (Exempt and Complying Development) 2008 Cases Cited: First Australasian Holdings Pty Ltd v Poulos [2000] NSWCA 200; Mineral Wealth Ltd v Gosford City Council [2003] NSWLEC 153 Category:Principal judgmentParties: Ty Gosling (Applicant) Penrith City Council (Respondent) Representation: Counsel: Mr Mark Seymour (Applicant) Mr Christopher Drury (solicitor) (Respondent)   Solicitors: Coode & Corry (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s):159731 of 2016 (Formerly 2015/10684)Judgment These proceedings concern an appeal against the Penrith City Council’s decision, notified by letter dated 20 July 2015, to refuse the applicant, Ty Gosling’s Building Certificate Application BC15/0048, ("Building Certificate Application"). Under the Building Certificate Application, approval is sought to retain the metal panel colourbond fence erected on 41-47 Jolly Street, Castlereagh from the house to the eastern and western sides of the boundaries (the "Site"). The appeal is made by the landowner pursuant to s149F of the Environmental Planning and Assessment Act 1979 (EPA Act). The section provides: 149F Appeals with respect to building certificates(1) An applicant:(a) who is aggrieved by a council’s refusal to issue a building certificate, or(b) who is aggrieved by...