Geo DPPB Pty Ltd v Burwood Council [2023] NSWLEC 129

Land and Environment Court New South Wales

Medium Neutral Citation: Geo DPPB Pty Ltd v Burwood Council [2023] NSWLEC 129 Hearing dates: 23 November 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Class 1 Before: Pritchard J Decision: The Court makes the following orders: (1) The respondent's Development Control Order (Stop Works Order – Schedule 5 Part 1, Item 2) given to the applicant on 3 October 2023 pursuant to s 9.35(1)(b) of the Environmental Planning and Assessment Act 1979, in respect of 1 Lea Street, Croydon is stayed insofar as it concerns the following works: (a) timber cross bracing the façade of the front veranda and erecting a tarpaulin to ensure its preservation; and (b) carrying out brickwork as shown in drawing No DA2-08 but only to the extent of the area hatched in blue in the plan annexed to these reasons for decision and marked "A" and installing any further temporary support of the garage roof. (2) Each party is to pay its own costs. Catchwords: PRACTICE AND PROCEDURE – application for stay of development control order – whether there is an arguable case – balance of convenience – demolition works not authorised by development consent Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) ss 8.18, 8.20, 9.34, Schedule 5, Part 1, Item 2 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Blacktown City Council v Satmell Holdings Pty Ltd [2019] NSWLEC 93 CVA Apartments Pty Ltd v Burwood Council [2020] NSWLEC 11 Malass v Strathfield Municipal Council [2020] NSWLEC 168 Ozaras v Inner West Council [2020] NSWLEC 1573 Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 4) [2019] NSWLEC 58 Snowy Monaro Regional Council v Cmunt (No 3) [2018] NSWLEC 175 Swadling v Sutherland Shire Council (1994) 82 LGERA 431 Texts Cited: Nil Category: Procedural rulings Parties: Geo DPPB Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: C Koikas (Applicant) N Kirby (Respondent) Solicitors: Finn Roache Lawyers (Applicant) Houston Dearn O'Connor Lawyers (Respondent) File Number(s): 2023/345644 Publication restriction: Nil