Chan v Ku-ring-gai Council [2021] NSWLEC 1425

Land and Environment Court New South Wales

Medium Neutral Citation: Chan v Ku-ring-gai Council [2021] NSWLEC 1425 Hearing dates: Conciliation conference on 25 June 2021 Date of orders: 27 July 2021 Decision date: 27 July 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Control Order No. EPA0142/20 dated 5 February 2021 is modified as follows: Order 3 1. Remove all timber support posts and cross beams in the front yard of the site (67 Eton Road, Lindfield) with the exception of the timber support posts and cross beams located in the planter box parallel to the Eton Road frontage of the site. (3) The works required to be carried out under Order (2) are to be carried out within 28 days of the date of these orders. (4) The Applicant is to notify the Council within 7 days of the completion of works. The notification must be supported by evidence showing the works required under Order (2) have been completed. (5) Once the works required under Order (2) have been completed, a letter will be sent to the Applicant within 7 days of the inspection confirming that the Council is satisfied that the works have been completed in accordance with Order (2) and that the Development Control Order has been complied with. (6) No order as to costs. Catchwords: DEVELOPMENT CONTROL ORDER – appeal against the order – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Astrid Chan (First Applicant) Andrew Willows (Second Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Astrid Chan (Litigant In Person) (First Applicant) Andrew Willows (Litigant In Person) (Second Applicant) L Finn (Solicitor) (Respondent)