Lu v Burwood Council [2021] NSWLEC 1727

Land and Environment Court New South Wales

Medium Neutral Citation: Lu v Burwood Council [2021] NSWLEC 1727 Hearing dates: Conciliation Conference on 5 and 26 October 2021 Date of orders: 25 November 2021 Decision date: 25 November 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: 1) The appeal is upheld. 2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Court orders that terms of the Development Control Order issued by the Respondent to the Applicant under s 9.34 and Schedule 5 of the Environmental Planning and Assessment Act 1979 and dated 7 June 2021 in relation to premises at Lot B DP 33503, 45 Wentworth Road, Strathfield NSW 2135 are modified in accordance with the modified order dated today being Annexure A hereto. 3) The Court notes the agreement between the parties that there be no order as to costs with the intent that each party bear its own costs. Catchwords: APPEAL AGAINST ORDER – Cease use of building – works carried out other than in accordance with development consent – occupation without occupation certificate – conciliation – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.18. 9.34, 9.35, Sch 5 Land and Environment Court Act 1979 s 34 Category: Principal judgment Parties: Jia Xi Lu (Applicant) Burwood Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Schneider (Solicitor) (Respondent)

Solicitors: Conomos Legal (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 2021/185112 Publication restriction: Nil