Malass v Strathfield Municipal Council [2020] NSWLEC 168

Land and Environment Court New South Wales

Medium Neutral Citation: Malass v Strathfield Municipal Council [2020] NSWLEC 168 Hearing dates: 27 November 2020 Date of orders: 27 November 2020 Decision date: 27 November 2020 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The operation of the order given by Respondent to the Applicant on 14 September 2020 under s 9.34 and schedule 5 of the Environmental Planning and Assessment Act 1979 is partially stayed, such that the following work may be carried out on or before 30 January 2021: (a) Installation of a front door. (b) Completion of the flashings on the skylights to achieve waterproofing. (c) Installation of glass in the window and sliding door frames (being the frames that are already in situ) and seal the glass and frames to achieve waterproofing. (d) Installation of a temporary hoarding to make the entrance to the car parking garage secure. (e) Work equipment may be removed from the site. (2) The partial stay in order 1 is granted subject to the following conditions: (a) The Applicant is, on or before 14 December 2020, to make: (i) the development application; and (ii) building information certificate application described in the letter from Mills Oakley to Planning Lab, dated 20 October 2020 (tab 16, folios 111-113, Exhibit 'RM-1' to the Affidavit of Rabi Malass 29 October 2020). (b) The Applicant is to actively pursue those applications. (c) Upon the Council refusing or being deemed to have refused both applications, the Applicant must take prompt steps to: (i) appeal each of them to this Court; and (ii) file and serve a notice of motion for the consolidation of those appeal proceedings with these proceedings. (d) No other works may be carried out. (e) All work must be carried out in accordance with any conditions of development consent of DA2017/091 that directly prescribe the manner in which work must be carried out. Catchwords: INTERLOCUTORY ORDERS – stay of development control order – development carried out not in accordance with development consent – stop work order – appeal against order – stay of order to allow limited works – partial stay granted on conditions Legislation Cited: Environmental Planning and Assessment Act 1979 s 9.34 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Cases Cited: CVA Apartments Pty Ltd v Burwood Hotel [2020] NSWLEC 11 Snowy Monaro Regional Council v Cmunt (No 3) [2018] NSWLEC 175 Category: Procedural and other rulings Parties: Sarah Malass (Applicant on the motion) Strathfield Municipal Council (Respondent on the motion) Representation: Counsel: Mr A Gadiel (solicitor) (Applicant) Ms J Ayas (solicitor) (Respondent)