Kunhi v Blacktown City Council [2013] NSWLEC 1076

Land and Environment Court New South Wales

Medium Neutral Citation: Kunhi v Blacktown City Council [2013] NSWLEC 1076 Hearing dates: 28 February 2013 Decision date: 28 February 2013 Jurisdiction: Class 1 Before: Brown C Decision: In Appeal No.11044 of 2012, the orders of the Court are: 1. The Appeal is upheld. 2. On the satisfactory completion of the fire safety works required by conditions2.1-2.14 of development consent no. 12-1138 the Respondent is to issue a building certificate for the premises, 6 Montrose Street, Quakers Hill, in respect to the upstairs kitchen and other works identified in Universal Property Group Drawing No. CC02 Revision R02 dated 21 June 2012. 3. There be no order as to costs. In Appeal No.11045 of 2012, the orders of the Court are: 1. The Appeal is upheld. 2. Development Application No. 12-1138 seeking approval for the use of the Principal and secondary dwelling under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 at 6 Montrose Street, Quakers Hill and for the carrying out of fire safety works at the premises is approved in accordance with the conditions in Annexure "A". 3. There be no order as to costs. Catchwords: APPEALS: two separate but related appeal in relation to an existing two-storey dwelling - refusal of an application for a Building Certificate to authorise a kitchen that has been installed on the upper level of the existing dwelling - refusal of a development application for a secondary dwelling located within the existing dwelling Legislation Cited: Building Code of Australia Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Shama Kunhi (Applicant) Blacktown City Council (Respondent) Representation: Mr M Cotton, solicitor (Applicant) Mr T O'Connor, solicitor (Respondent) HWL Ebsworth Lawyers (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 11044 of 2012, 11045 of 2012