Chin v Lane Cove Council [2008] NSWLEC 1366

Land and Environment Court of New South Wales

CITATION : Chin v Lane Cove Council [2008] NSWLEC 1366 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Pinky Fung Ling Chin PARTIES : RESPONDENT Lane Cove Council

FILE NUMBER(S) : 10073 of 2008

CORAM: Hoffman C

KEY ISSUES: Section 121B Order :- Remove an area of stencilled concrete paving for carparking in front garden, is a development application and development consent required.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Lane Cove Local Environmental Plan 1987 Lane Cove Development Control Plan No. 6

DATES OF HEARING: 06/06/2008, 28/08/2008 and 29/08/2008

DATE OF JUDGMENT: 12 September 2008

APPLICANT Mr P. Chin, Agent

LEGAL REPRESENTATIVES: RESPONDENT Ms S. Brew and Ms K. Law, solicitors of Matthews Folbigg

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

12 September 2008

10073 of 2008 Pinky Fung Ling Chin v Lane Cove Council

JUDGMENT 1 This is a judgment in Appeal 10073 of 2008 between Chin and Lane Cove in respect of s 121(B) Order issued on 3 January 2008 to remove an area of stencilled concrete paving in the front yard of No. 11 Grace Street, Lane Cove.

2 The Order states; "1. Demolish and remove the works identified as a stippled concrete slab that is attached to the front of the premises to the condition in which they were before the work was unlawfully carried out, all such restoration to be carried out to the satisfaction of the Council". A period of 28 days from 3 January 2008 was given for completion. 3 The appeal was in regard to the Orders only as there was no development application for the Court to consider on a merits basis in conjunction with the order.