Xiang v Kogarah City Council [2014] NSWLEC 1004

Land and Environment Court New South Wales

Medium Neutral Citation: Xiang v Kogarah City Council [2014] NSWLEC 1004 Hearing dates: 27 November, 4 December 2013 Decision date: 14 January 2014 Jurisdiction: Class 1 Before: Pearson C Decision: See paragraph [64] Catchwords: APPEAL - Orders - Alterations to existing dwelling - Whether building work undertaken without development consent - Whether non compliance with development consent - Privacy and amenity impacts - Terms of Order Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Kogarah Local Environmental Plan 2012 Category: Principal judgment Parties: Michael Y Xiang (First Applicant) Janie Y Xiang (Second Applicant) Kogarah City Council (Respondent) Representation: Mr A Beatty, Beatty Legal Pty Ltd (Applicants) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10652 of 2013

Judgment 1The applicants appeal against Orders 2 and 15 issued by the respondent Council under s 121B of the Environmental Planning and Assessment Act 1979 (the Act) on 31 July 2013 (the Order) in relation to building works undertaken at 45 Carlton Crescent Kogarah Bay (the site). 2Located on the site is a single dwelling which is currently in the process of being renovated. The building works comprise significant alterations to the existing dwelling and detached triple garage at footpath level, and new swimming pool and structures to the rear of the site. The site is located on the northern side of Carlton Crescent and slopes steeply across the site from the north eastern boundary to the south eastern boundary. Adjoining the site on the higher, north eastern, boundary, is 43 Carlton Crescent. Adjoining the site on the lower, south western boundary, is 47 Carlton Crescent.