Maschewski v Murray Shire Council

Land and Environment Court New South Wales Case Name:  Maschewski v Murray Shire Council Medium Neutral Citation:  [2015] NSWLEC 1251 Hearing Date(s):  17-18 June 2015 Decision Date:  9 July 2015 Jurisdiction:  Class 1 Before:  Morris C Decision:  Appeal dismissed Catchwords:  DEVELOPMENT APPLICATION: rural worker’s dwelling Legislation Cited:  Land and Environment Court Act 1979; Environmental Planning and Assessment Regulation 2000; Murray Local Environmental Plan 2011; Murray Regional Environmental Plan No 2 – Riverine Land Texts Cited:  Murray Shire Development Control Plan 2012 Category:  Principal judgment Parties:  Mark Maschewski (Applicant) Murray Shire Council (Respondent) Representation:  Counsel: Ms L Saw (Applicant) Ms J Reid (Respondent)     Solicitors: Mr A Brickhill, Kell Moore Lawyers (Respondent) File Number(s):  10240 of 2015 JUDGMENTMr Maschewski lodged development application DA 081/15 with Murray Shire Council on 20 October 2014 seeking development consent for the use of an existing building as a rural workers’ dwelling. The council refused consent and he is appealing that decision.The matter is subject to the provisions of s34AA of the Land and Environment Court Act 1979 (LECAct). Conciliation between the parties was unsuccessful and the matter proceeded to hearing.The site and its contextThe site is legally described as Lot 4 in Deposited Plan 562037 and is known as No 1111 Perricoota Road, Moama. It is an irregular shaped allotment with road frontage of 165m and its western boundary fronting the Murray River. Site area is 10.48ha. A gravel driveway provides vehicular access to the site and an existing dwelling house that is constructed in the...