Nguyen v Fairfield City Council [2015] NSWLEC 1385

Land and Environment Court New South Wales

Medium Neutral Citation: Nguyen v Fairfield City Council [2015] NSWLEC 1385 Hearing dates: 23 September 2015 Date of orders: 24 September 2105 Decision date: 24 September 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Consent Orders: orders for unauthorised building works and use of premises Texts Cited: Building Code of Australia Category: Principal judgment Parties: Ngoc Tuan Nguyen (Applicant) Fairfield City Council (Respondent) Representation: Solicitors: Mr J Thompson (Respondent) Mr N T Nguyen (Litigant in Person) File Number(s): 10184 of 2015, 10185 of 2015, 10186 of 2015

Judgment 1. These three appeals relate to Orders issued by Fairfield City Council in relation to unauthorised building works and use of premises at 39 Rosina Street, Fairfield West. 2. The matters were the subject of an earlier conciliation conference presided over by myself and held on site on 27 May 2015. At that time there was no resolution of the issues and the conciliation conference was terminated. 3. Since that time Mr Nguyen has lodged a development application seeking consent for alterations and additions to the dwelling on the land and also lodged a building certificate and received advice from the council that certificate would be issued subject to certain works being undertaken. The council determined the development application on 18 August 2015 and issued development consent DA 326.1/2015. According to the evidence, the consent is subject of conditions that address the council's intentions in the case. 4. As a result of those approvals the parties are now seeking Consent Orders from the Court.