J. Solomon Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1793

Land and Environment Court New South Wales

Medium Neutral Citation: J. Solomon Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1793 Hearing dates: Conciliation conference on 16 December 2021 Date of orders: 22 December 2021 Decision date: 22 December 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: Refer to orders below at [15] Catchwords: APPEAL – development control order – deck erected without required development consent – demolish works order – conciliation conference – agreement – substituted order Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.18, 9.34, Schedule 5 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Sutherland Local Environmental Plan 2015 Category: Principal judgment Parties: J. Solomon Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: C Rose (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)

Solicitors: Wilshire Webb Staunton Beattie Lawyers (Applicant) Sutherland Shire Council (Respondent) File Number(s): 2021/195250 Publication restriction: Nil

Judgment

The Order the subject of the appeal 1. COMMISSIONER: This is an appeal against a development control order (Order) given to the Applicant by Sutherland Shire Council (Council) on 10 June 2021. The Order concerns a steel framed covered deck (Deck) attached to the rear of the house situated on Lot 3 DP 621363 and known as 63 Bignell St Illawong (Land). 2. The Order requires the demolition and removal of the Deck. The Order was issued pursuant to s 9.34(1) of the Environmental Planning and Assessment Act 1979 (EPA Act), which allows a development control order to be given in accordance with the table to Part 1 of Schedule 5 to the EPA Act. Item 3 in the table allows a development control order to be issued as a "demolish works order" where a building requiring a planning approval is erected without approval. Such an order can be given to the owner of the land on which the building has been erected.