Santoso v Fairfield City Council [2006] NSWLEC 470

Land and Environment Court of New South Wales

CITATION : Santoso v Fairfield City Council [2006] NSWLEC 470

APPLICANT Brawi Santoso PARTIES : RESPONDENT Fairfield City Council

FILE NUMBER(S) : 10287 of 2006

CORAM: Hussey C

KEY ISSUES: Appeal :- Section 121B Order, removal of concrete paving

LEGISLATION CITED: Fairfield Local Environmental Plan 1994 Exempt Development Policy and Residential Guidelines - Development Control Plan 1/97, 2004

DATES OF HEARING: 27/07/2006

DATE OF JUDGMENT: 08/09/2006

APPLICANT Mr M Bonanno, solicitor Of: Turner Freeman

LEGAL REPRESENTATIVES:

RESPONDENT Mr G Castellan, solicitor Of: Ritchie & Castellan

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

9 August 2006

10287 of 2006 Brawi Santoso v Fairfield City Council

JUDGMENT

Background 1 This appeal was lodged against a s 121B Order, which was served on the owner of the property at 61 Roland Street, Bossley Park, and required the removal of concrete paving around the existing single storey residence and carport.

2 The subject site is known as Lot 65, DP 260173. It is an irregular shaped battleaxe allotment having an access handle from Roland Street and backing onto the Transit way. The total site area is 614.6 sq m.

3 The following reasons were given for the Order: 1. The concreted area does not comply with council's Exempt Development Policy and Residential Guidelines - Development Control Plan 1/97, 2004 . 2. The unlawful building works have not been approved by Council. 3. The unlawful building works do not meet the requirements of the Environmental Planning and Assessment Act Regulations. 4. No evidence is available to the Council that the building work complies with Building Code of Australia. 5. The unlawful building works do not meet the objectives of Council's Local Environmental Plan with regards to achieving attractive high-quality residential development. Planning controls 4 The subject site is zoned 2(a) - Residential under the provisions of Fairfield Local Environmental Plan 1994 (LEP) as amended on 13 May 2005. The detailed controls for this type of development works are contained in the following supplementary planning controls: Development Control Plan No. 1/97 2004 - Guidelines for Residential Development 5 Of relevance in this matter are the following objectives: To ensure that new development is of a high standard and results in an improvement in the quality of the environment. To protect adjacent land and the wider environment from the impact of new development. Exempt and Complying Development Policy 6 Approval is required for concreting works which exceed 20 sq m.