Asfour v Yass Valley Council [2024] NSWLEC 1543

Land and Environment Court New South Wales

Medium Neutral Citation: Asfour v Yass Valley Council [2024] NSWLEC 1543 Hearing dates: Conciliation Conference on 18 July 2024 Date of orders: 04 September 2024 Decision date: 04 September 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application, as agreed, in the amount of $1,000, within 21 days of the date these orders are made. (2) The appeal is upheld. (3) Development Application No. 230523, as amended, for building works, a change of building classification and use of the shed structure as a dwelling house on land known as 5 Ambleside Avenue, Murrumbateman, is determined by the grant of Development Consent subject to the conditions set out in Annexure B. Catchwords: Change of Use from shed to dwelling – agreement reached – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15,8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55–Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Yass Local Environmental Plan 2014, cll 5.16, 6.8 Category: Principal judgment Parties: Khaled Asfour (Applicant) Yass Valley Council (Respondent) Representation: Counsel: C Koikas (Applicant) A Menyhart (Solicitor) (Respondent)