Yu v Willoughby City Council [2022] NSWLEC 1157

Land and Environment Court New South Wales

Medium Neutral Citation: Yu v Willoughby City Council [2022] NSWLEC 1157 Hearing dates: Conciliation conference on 22 March 2022 Date of orders: 28 March 2022 Decision date: 28 March 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Control Order 3376 issued to the Applicants on 14 May 2021 ordering the demolition of works at 16 Johnson Street Chatswood is modified in the terms set out at 'Annexure A' to this agreement. Catchwords: APPEAL – development control order – related building information certificate application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 8.25, 9.34, Sch 5 Pt 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Category: Principal judgment Parties: Lin Yu (First Applicant) Jay Jay Xu (Second Applicant) Willoughby City Council (Respondent) Representation: Counsel: J Farrell (Applicants) J Merlino (Solicitor) (Respondent)

Solicitors: Sarvaas Ciappara Lawyers (Applicants) HWL Ebsworth Lawyers (Respondent) File Number(s): 2021/168727 Publication restriction: No

Judgment 1. COMMISSIONER: The applicants have appealed against a development control order issued by Willoughby City Council (Council) on 14 May 2021. The order relates to an unauthorised garage erected on land legally described as Lot A in DP323772, otherwise known as 16 Johnson Street, Chatswood NSW (site).