The decision flies in the face of council’s director development and environmental services Susan Appleyard who recommended that orders be issued to stop the use of the shed and to demolish the shed, at 44 Wanani Road, be enforced.
She said that in December 2020 construction commenced on the shed without development consent. “Council was notified of the structure by a complaint being lodged regarding the shed being constructed within close proximity to a neighbouring property,” Ms Appleyard stated in her report for councillors.
“Notices, Orders and a fine were issued in relation to the structure and the matter has come to council to determine if the council wishes to proceed with legal action in relation to the shed.
“To date, approximately 200 staff hours and $600 has been spent on legal advice. There may be additional costs associated with potential legal action.”
The prescribed standard for the height of the large, dark-coloured building is 4.5 metres above natural ground level; the height of the building is 5.167 metres, a variation of 25%. The prescribed side setback is 2.5m; the setback is one metre, a variation of 150%.
But a motion put by two councillors, different to Ms Appleyard’s recommendation, received a 7:2 vote in favour of the shed to remain standing, in its current, finished format.
Crs David Fahey OAM and Gail Law supported the council director’s recommendation and voted against the motion.
Presentations to council were made on behalf of the landowner and neighbour – the latter involving a solicitor - before council’s open-to-the public meeting commenced. Several other members of the public were in attendance for the monthly meeting.
Because of further anticipated legal action, the subject was discussed by councillors and executive staff in-committee. Upon resumption of the meeting to the public, Mayor Pat Bourke read council’s resolution, as follows:
1.That the shed constructed without consent at Lot 8, DP 184825, 44 Wanani Road, Mulwala be retained.
2.That a building information certificate application be lodged prior to use of the shed.
3.That an application for the use only of the shed be applied for and the application be notified to adjoining landowners. The use application is to address:
a.The intended use for the shed.
b.That a landscaping plan be developed to mitigate the impact on the neighbouring property to the east of the shed
c.The disposal of stormwater.
4.That the Penalty Infringement Notice stand given the breach of the Environment Planning and Assessment Act 1979, Schedule 5, Order 1 – Stop Use Order.
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