Wilkie v Blacktown City Council

Land and Environment Court New South Wales Medium Neutral Citation: Wilkie v Blacktown City Council [2015] NSWLEC 1084 Hearing dates:2 March 2015Decision date: 26 March 2015 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is upheld.2. DA-14-715 to use an existing structure for a dwelling house at 106 Robert Street, Riverstone is approved subject to the conditions in Annexure A.3. The exhibits are returned with the exception of exhibits 2, A and C. Catchwords: DEVELOPMENT APPLICATION: use of an existing structure for a dwelling house – whether adequate damp proofing provided for human habitation Legislation Cited: Building Code of Australia Environmental Planning and Assessment Act 1979 Category:Principal judgmentParties: Sophia Wilkie and Martina Srbek (Applicants) Blacktown City Council (Respondent) Representation: Counsel: Mr M Fozzard, barrister (Applicants) Mr P Couch, solicitor (Respondent Solicitors: - (Applicants) Spark Helmore Lawyers (Respondent) File Number(s):10535 of 2014Judgment COMMISSIONER: This appeal relates to DA-14-715 to use an existing structure for a dwelling house at 106 Robert Street, Riverstone (the site). The appeal was subject to mandatory conciliation and arbitration on 21 October 2014, 28 October 2014 and 4 December 2014 under s 34AA of the Land and Environment Court Act 1979 (the Court Act). As no agreement was reached, the conciliation conference was terminated on 16 December 2014, pursuant to s 34AA(2)(b), and the proceedings dealt with pursuant to s 34AA(2) b)(i) on 2 March 2015 and on the basis of what occurred at the conciliation conferences pursuant to s 34AA(2)(b)(ii). The contentions raised by the council...