Bursill v Inner West Council [2016] NSWLEC 1392

Land and Environment Court New South Wales

Medium Neutral Citation: Bursill v Inner West Council [2016] NSWLEC 1392 Hearing dates: 31 August 2016, written submissions filed 2 September 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Order, boundary location, whether works are required for fire rating Category: Principal judgment Parties: Sally Bursill (Applicant)

Inner West Council (Respondent) Representation: Ms S Bursill Litigant in person Solicitors: Ms J Blunden, Inner West Council (Respondent) File Number(s): 150326/2016

Judgment 1. Marrickville Council, now Inner West Council, issued Order 13 under the provisions of Section 121B of the Environmental Planning and Assessment Act 1979 (EP&AAct) to the owner of property No 49 Barwon Park Road, St Peters (site), Ms S Bursill, the applicant in these proceedings who is appealing the provisions of that order. The appeal was filed on 20 October 2015 and has been the subject of a conciliation conference however no agreement was reached and the conference terminated.

The site and its context 1. The site is located on the western side of Barwon Park Road and contains a single storey dwelling house which is erected to the side boundaries. The issue of the precise location of the boundary to the north of the site is addressed below. 2. It is legally described as Lot 1 in DP 209038. Lots 1 and 2 in that deposited plan were subdivided from CT Vol 3235 Fol 116 and registered on 30 April 1968. At that time, similarly sized dwellings existed on both Lots. Lot 2 is known as No 51 Barwon Park Road. The dwelling at No 51 has since been demolished. 3. From the survey and deposited plans filed with the application, the front section of the dwelling house with front and rear verandahs in some form and a separate WC existed in 1909 and rear additions constructed some time after 1968 and prior to 20 November 2001. 4. It adjoins two dwelling houses which are also erected to the boundary. No 47 Barwon Park Road (No 47) is also a single storey dwelling and No 51 contains a modern two storey dwelling house. 5. The site is opposite Sydney Park with a number of industrial premises located to the north of the site with a mix of residential dwellings.