Hou v Hornsby Shire Council [2025] NSWLEC 1106

Land and Environment Court New South Wales

Medium Neutral Citation: Hou v Hornsby Shire Council [2025] NSWLEC 1106 Hearing dates: Conciliation Conference held 11 February 2025 Date of orders: 25 February 2025 Decision date: 25 February 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: In relation to the DCO Appeal, proceedings number 2024/293239, the Court orders: (1) The appeal is upheld. (2) That pursuant to s 8.18(4) of the EPA Act, the Development Control Order issued by the Respondent to the Applicant on 11 July 2024 is modified as set out in Annexure A. In relation to the BIC Appeal, proceedings number 2024/292416, the Court orders: (1) The appeal is upheld. (2) The applicant is directed to carry out the works within the time frames described in the Modified Development Control Order No 5 at Annexure A. (3) The respondent is directed pursuant to s 8.25(3) of the Environmental Planning and Assessment Act 1979 to issue a Building Information Certificate with respect to the retaining wall identified as Attachment A to the Modified Development Control Order within 7 days of receiving the certification required in Order 6 of the Modified Development Control Order. Catchwords: DEVELOPMENT CONTROL ORDER APPEAL – substitution of order from demolish to repair unauthorised retaining wall – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE APPEAL – direction to owner to undertake works as per development control order prior to issue of certificate – conciliation conference – direction to council to issue building information certificate after completion of repair to retaining wall – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 4.1, 6.22, 6.23, 6.26, 8.18, 8.25, 9.34, 9.35, 9.36Sch 5, Pt 1, cl 22 Land and Environment Court Act 1979, ss 34, 39 Cases Cited: Agg Group Pty Ltd v City of Ryde Council [2021] NSWLEC 1465 Texts Cited: Australian Uniform Building Regulations Co-ordinating Council, Building Code of Australia, 1988 Australian Building Codes Board, National Construction Code, 2022 Category: Principal judgment Parties: Zhen Qi Hou (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: A Hannam (Applicant) B Lennox (Solicitor) (Respondent)