Warranby Pty Ltd v Strathfield Council [2009] NSWLEC 1167

Land and Environment Court of New South Wales

CITATION : Warranby Pty Ltd v Strathfield Council [2009] NSWLEC 1167

APPLICANT Warranby Pty Ltd PARTIES : RESPONDENT Strathfield Council

FILE NUMBER(S) : 11170 of 2008

CORAM: Taylor C

KEY ISSUES: SECTION 121B ORDER :- consent orders

LEGISLATION CITED: Environmental Planning and Assessment Act, 1979

DATES OF HEARING: 25 May 2009

DATE OF JUDGMENT: 26 May 2009

APPLICANT Mr D Briggs (Solicitor) SOLICITOR Briggs and Associates LEGAL REPRESENTATIVES:

RESPONDENT Mr T O'Connor (Solicitor) SOLICITOR Houston Dearn O'Connor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Taylor C

26 May 2009

08/11170 Warranby Pty Ltd v Strathfield Council

JUDGMENT 1 Commissioner: This is an appeal against an Order dated 23 October 2008 issued by Strathfield Council pursuant to s 121B of the Environmental Planning and Assessment Act, 1979 in relation to Lot 1/9-13 Beresford Road, Strathfield, Strata Plan 69537.

2 The appeal against the Order is permissible under s 121ZK of the Environmental Planning and Assessment Act, 1979.

3 The Order issued by the Council was for the following reasons: i. The development consent [DA 0001/122] is not being complied with and the dwelling is being used as a boarding house, a purpose which is prohibited under the Strathfield Planning Scheme. ii. The external appearance of the building has been altered without the consent of the authority where consent is required. 4 The Applicant had originally contested the matter in its Class 1 Application to the Court, but in the intervening period the parties had come to agreement on most of the outstanding matters. In particular, it was accepted by the parties that in the absence of a Conservation Management Plan, the Order needed to be revised. The revision was required so that the Order addressed properly the Council's desire that the property in question, a two storey Victorian house, was refurbished as required by condition 102 of the development consent DA 0001/122.