THE National Trust has weighed into the debate over a huge shed built in the backyard of a home on Mitre Street.
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Neighbours were shocked to see the 20 metre by eight metre shed go up in a conservation heritage area and were even more shocked to hear it had been approved by Bathurst Regional Council under delegated authority.
Delegated authority is where council staff are given the power to approve applications that comply with council planning rules without the DA having to go before a full council meeting for discussion.
Around 95 per cent of DAs are currently approved under delegated authority and most barely cause a ripple. But some raise the anger of neighbours, particularly when they are not informed of the development before work begins.
The Mitre Street shed has drawn comparisons with a previous delegated authority case in McKell Street where a resident took council to court after a neighbour was granted permission to install a new pool without her knowledge.
That case resulted in a stunning loss for council when Land and Environment Court judge Justice Rachel Pepper described the decisions of council as “irrational, perverse and bizarre” when she handed down her findings in 2013.
That case led to an amendment of council’s notification policy which was approved by council’s policy committee in early March, just days before the DA for the Mitre Street shed was approved on March 13.
The Western Advocate understands a construction certificate approving the demolition of an existing carport and small shed, and construction of the new larger shed, was issued on March 23.
Bathurst National Trust Bathurst branch chairman Iain McPherson yesterday said the case highlighted the need for council to again review its practices and policies.
“The fact that the Mitre Street neighbour was not notified of the proposed development is an echo of the failure by the development department in relation to the [McKell Street] case,” he said.
“The community deserves to be able to rely on the proper administration of the provisions in the development control plan and individual householders have a right to know of developments which will impact on them.”
Mr McPherson called for a full review of council’s planning operations to protect the region’s heritage and the rights of neighbours.
