Land and Environment Court New South Wales Medium Neutral Citation: Pachkovski & Ors v Woollahra Council [2011] NSWLEC 1132 Hearing dates: 21 March 2011 Decision date: 21 March 2011 Jurisdiction: Class 1 Before: Murrell C Decision: (1)The applicant is to demolish unauthorised works to the garage structure at 33 Rowe Street, Woollahra, being the brick lintel, column supports and garage door in front of the carport and the storage area located above the garage, including all columns, roof and windows, balcony and balustrade and the link structure to stairs by 25 April 2011. (2)Each party is to pay their own costs. (3)The Court notes: The issue of the rear stairs leading to the rear of the dwelling shall be considered as part of the matters for consideration in proceedings 11001 of 2010. Catchwords: CONSENT ORDERS: S 121 Order to demolish unauthorised works. Legislation Cited: Environmental Planning and Assessing Act 1979 Category: Principal judgment Parties: APPLICANTS Alexandra Pachkovski and Violetta & Grigoriy Primanzon RESPONDENT Woollahra Council Representation: Mr S Brockwell - Applicants Denes Ebner Lawyers - Applicant Mr P Rigg Norton Rose - Respondent File Number(s): 11000 of 2010 Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: The applicant in these proceedings is appealing against an order issued by Woollahra Council under s 121 of the Environmental Planning and Assessing Act 1979 . The subject property is 33 Rowe Street, Woollahra and it is noted that the subject premises are within a heritage conservation area, although No 33 is not a heritage item as such. The subject premises are divided into a number of flats, which total seven. 2The Council issued the s 121 Order to the applicant for demolition of certain parts of the building that had not been granted development consent. 3The applicant has also discussed the matter with the Council and development applications have been submitted to the Council for works to the front and the rear of the premises and the applicant has agreed that some of the unauthorised works contained referred to in the order issued by the Council will be demolished. 4The parties have come to the Court with consent orders and are confident that the development applications will alleviate Council's concerns and allow the building to be appropriate and sympathetic in terms of the heritage conservation area. 5The Court notes that there is another appeal afoot, that is 11001 of 2010 for a building certificate. That matter has been stood over to 1 April. It is not a matter for me in these proceedings. 6The Court sees no reason as to why the consent orders as proposed by the parties should not be issued by the Court and accordingly the orders of the Court are: (1)The applicant is to demolish unauthorised works to the garage structure at 33 Rowe Street, Woollahra being the brick lintel, column supports and garage door in front of the carport and the storage area located above the garage, including all columns, roof and windows, balcony and balustrade and the link structure to stairs by 25 April 2011. (2)Each party is to pay their own costs. (3)The Court notes: The issue of the rear stairs leading to the rear of the dwelling shall be considered as part of the matters for consideration in proceedings 11001 of 2010. J S Murrell Commissioner of the Court DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 25 May 2011