Desa v Willoughby City Council [2025] NSWLEC 1096

Land and Environment Court New South Wales

Medium Neutral Citation: Desa v Willoughby City Council [2025] NSWLEC 1096 Hearing dates: Conciliation conference on 20 November 2024 Date of orders: 21 February 2025 Decision date: 21 February 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Upon the Respondent being satisfied that the following works (works) have been carried out: (a) the reduction of the eastern boundary fence height by 300mm for a distance of 4.5m northwards from its southeastern boundary corner (Eastern Fence Reduction); (b) the reduction of the southern boundary fence height by 300mm for a distance of 900mm westwards from its southeastern boundary corner (Southern Fence Reduction); (c) the removal of decking along the Eastern Fence Reduction and Southern Fence Reduction zones for a distance of 900mm westwards and a distance of 4.5m northwards, from its south eastern boundary corner; and (3) The Respondent is directed, within 14 days of the date of these orders, to issue a building information certificate for: (a) the boundary fence; and (b) the decking. on the land at 67 Tindale Road, Artarmon, legally known as Lot 5 Section G in Deposited Plan 4154. Catchwords: DEVELOPMENT APPEAL – building information certificate – conciliation conference – agreement to rectification works – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.25, 8.25 Land and Environment Court Act 1979, ss 17, 34 Local Government Act 1993 Swimming Pools Act 1992, s 7 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Pts 2, 3 Swimming Pools Regulation 2018, cll 4, 5 Willoughby Local Environmental Plan 2012 Category: Principal judgment Parties: Mark Desa (First Applicant) Daisy Desa (Second Applicant) Willoughby City Council (Respondent) Representation: Counsel: J Merlino (Solicitor) (Respondent)