Fam v Fairfield City Council [2024] NSWLEC 1721

Land and Environment Court New South Wales

Medium Neutral Citation: Fam v Fairfield City Council [2024] NSWLEC 1721 Hearing dates: Conciliation conference 11 October 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the terms of the Development Control Order No.3 dated 5 September 2023 given by Fairfield City Council to Mr Richard Fam and Ms Liz Fam and relating to 36 Riverview Road Fairfield NSW 2165 legally described as Lot 75 DP 11685, Lot 1 DP 1101938 and Lot 2 DP 563805 are modified as set out at Annexure A. Catchwords: APPEAL – development control order – demolish works order - conciliation conference – agreement reached to modify order Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34 Land and Environment Court Act 1979, ss 17, 34 Category: Principal judgment Parties: Richard Fam (First Applicant) Liz Fam (Second Applicant) Fairfield City Council (Respondent) Representation: Counsel: C Irish (Applicants) S Shneider (Respondent)

Solicitors: Kreisson Legal Pty Ltd (Applicants) Houston Dearn O'Connor (Respondent) File Number(s): 2023/308433 Publication restriction: Nil

ex tempore Judgment 1. COMMISSIONER: The Applicants, Richard and Liz Fam (Fam) have appealed pursuant to s 8.18(4) of the Environmental Planning and Assessment Act 1979 (EPA Act) against a demolish works development control order (DCO) issued on 5 September 2023 by Fairfield City Council (Council). 2. The DCO is a demolish works order in relation to unauthorised construction works carried out for a retaining wall and hardstand surface along the river bank of Orphan School Creek at 36 Riverview Road, Fairfield. 3. This appeal was set down for a hearing between 10-11 October 2024. At the hearing and upon the request of the parties, the Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) which was held today, 11 October 2024. I presided over the conciliation conference. 4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties, as filed to the Court on 11 October 2024. This decision involved the Court upholding the appeal and modifying the DCO. The parties' decision involves the Court exercising the function under s 8.18(b) of the EPA Act to modify the DCO issued 5 September 2023. 5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.