Zhou v Hurstville City Council [2007] NSWLEC 502

Land and Environment Court of New South Wales

CITATION : Zhou v Hurstville City Council [2007] NSWLEC 502 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Li Zhou PARTIES : RESPONDENT Hurstville City Council

FILE NUMBER(S) : 11129 of 2006 and 10296 of 2007

CORAM: Bly C

KEY ISSUES: Development Consent :- unlawful retaining walls and associated fill, amended plans, consent orders

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hurstville Local Environmental Plan 1994 Building Code of Australia

DATES OF HEARING: 12-13/06/2007, 28/06/2007, 04/07/2007

EX TEMPORE JUDGMENT DATE : 4 July 2007

APPLICANT Mr T. Atkinson, solicitor of Paul C Fabian & Co LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

4 July 2007

11129 of 2006 Li Zhou v Hurstville City Council 10296 of 2007

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

1 On 11 January 2005, the Hurstville City Council granted development consent No. 2004/672 for the construction of a two-storey dwelling house at 4 McLeod Street, Hurstville. The house has now been constructed. Included in the completed works are retaining walls along the rear and part of the side boundaries of the site, together with associated fill that has raised the ground level of the rear yard. The council submits that these retaining walls and associated fill are not included in the original development consent and, as a consequence, these works are unlawful.