Xue v City of Parramatta Council [2024] NSWLEC 1507

Land and Environment Court New South Wales

Medium Neutral Citation: Xue v City of Parramatta Council [2024] NSWLEC 1507 Hearing dates: Conciliation Conference 9, 30 April, 15 May, 19 June, 10 July, 1 August 2024 Date of orders: 22 August 2024 Decision date: 22 August 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to section 8.18(4)(c) of the Environmental Planning and Assessment Act 1979, the Development Control Order dated 12 October 2023, relating to works at Lot 1 in Deposited Plan 189491 and known as 102 Eastwood Avenue, Epping, issued by the respondent to the applicant, is substituted with the following orders: (a) The applicant must carry out the following repair works within nine months of the date of these orders: (i) demolish and remove the section of awning shown on plan No A7 dated June 2024 in Annexure A; (ii) replace the removed awning as shown on plans A1, A2, A3, A4, A5 and A6 dated November 2023 in Annexure A; and (iii) repair or replace the stairs to the rear deck so as to comply with cl 11.2.2 "Stairway construction" of the National Construction Code 2022 or deemed to satisfy provisions. (b) The applicant must remove and replace the shower screen glazing with a shower screen that is compliant with Australian Standard AS1288 and provide evidence of glazing certification to the respondent within one month of the date of these orders. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.10, 8.18, 9.34, Sch 5, Pt 1 Land and Environment Court Act 1979, ss 17, 34 Parramatta Local Environmental Plan 2023 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Texts Cited: Parramatta Development Control Plan 2023 National Construction Code 2022 Category: Principal judgment Parties: Pengcheng Xue (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M McKee (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)