Sahyoun Investments Pty Ltd v Fairfield City Council [2022] NSWLEC 1361

Land and Environment Court New South Wales

Medium Neutral Citation: Sahyoun Investments Pty Ltd v Fairfield City Council [2022] NSWLEC 1361 Hearing dates: 28-29 June 2022 Date of orders: 8 July 2022 Decision date: 08 July 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: See [35] below. Catchwords: DEVELOPMENT CONTROL ORDERS, BUILDING INFORMATION CERTIFICATE APPLICATIONS –orders by consent to modify the date for compliance with nine development control orders – orders by consent dismissing appeals against the refusal of three building information certificate applications Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 8.25, ss 1, 2, 5 of Sch 5, Pt 4, Pt 1 Div 6.7, Div 9.3 Land and Environment Court Act 1979, s 34 Local Government Act 1993 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Category: Principal judgment Parties: Sahyoun Investments Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: T Poisel (Applicant) R O'Gorman-Hughes (Respondent)

Solicitors: Harrington Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2021/121166 2021/355578, 2021/355581, 2021/355576, 2021/355577, 2021/355579, 2021/355580, 2021/355582, 2021/355583, 2021/302656, 2021/356720 2021/356721 Publication restriction: No

Judgment 1. COMMISSIONER: These are twelve appeals: nine appeals made pursuant to s 8.18(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) concerning development control orders (DCOs) issued by Fairfield City Council (the Council); and three appeals made pursuant to s 8.25(1) of the EPA Act against the Council's refusal of Building Information Certificate applications (BIC applications). The appeals relate to three principal dwellings and three secondary dwellings constructed and now occupied at 93 Boyd Street, Cabramatta West (the site) on four lots, Lot 220 (now 93 Boyd Street), Lot 221 (now 93B Boyd Street), Lot 222 (now 93D Boyd Street) in DP 1553, and Lot 1 in DP 721604. 2. On 23 November 2021, the Court made orders separating each DCO appeal and BIC application appeal into twelve proceedings. 3. The appeals were subject to conciliation on 3 March 2022, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated on 24 March 2022, pursuant to s 34(4) of the LEC Act. 4. On 4 April 2022, the Court directed that the appeals be heard together. Orders by consent of the parties 1. At the commencement of the hearing, the parties submitted their agreement to orders in relation to the Stop Use Orders and Demolish Works Orders issued for the secondary dwellings. The parties agreed that the DCOs can be modified to change the date for compliance to 90 days from the date of the Court's orders, to give the tenants occupying those buildings sufficient time to find alternative accommodation in the locality. 2. Towards the end of the second day of the hearing, following the experts' oral evidence, the parties submitted their agreement to orders in relation to the Stop Use Orders issued for the principal dwellings and the BIC applications for the principal dwellings. The parties agreed that the DCOs can be amended to change the date for compliance to 90 days from the date of the Court's orders, to give the tenants occupying those buildings sufficient time to find alternative accommodation in the locality. The parties agreed to the Court making orders to dismiss the appeals of the BIC applications for the principal dwellings.