Paul Anthony Murace v Northern Beaches Council [2017] NSWLEC 1121

Land and Environment Court New South Wales

Medium Neutral Citation: Paul Anthony Murace v Northern Beaches Council [2017] NSWLEC 1121 Hearing dates: 14 December 2017 Date of orders: 10 March 2017 Decision date: 10 March 2017 Jurisdiction: Class 1 Before: Martin SC Decision: The orders of the Court are: (1) The appeal is dismissed; (2) Order No 2& 12 under s 121B of the Environmental Planning and Assessment Act 1979 issued by Pittwater Council in respect of premises described as Lot 13 DP 234316, 180 Warriewood Road, Warriewood, to demolish a building and restore premises, is upheld, save that the dates of compliance (referred to in paragraphs 3 and 4 of Schedule 1 of that Order) are to be within sixty and seventy days, respectively, of the date of this judgment; (3) For the avoidance of doubt, the demolition ordered is to include that part of the Structure described as the inspection pit, which area is also to be made good after such demolition; and (4) The Exhibits, other than 1 and A, are returned. Catchwords: ENFORCEMENT ORDER – appeal against Order issued by Council – unauthorised concrete slab and brick walls – Order to demolish and restore lawn - minimum landscape requirements – character of the locality - discretion in respect of provisions of DCP Legislation Cited: Environmental Planning and Assessment Act 1979 s 121B, 121ZK Land and Environment Court Act 1979 s 34 Local Government (Council Amalgamations) Proclamation 2016 Pittwater Local Environment Plan 2014 Pittwater 21 Development Control Plan 2014 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Category: Principal judgment Parties: Counsel Ms R. Mozejko (Solicitor) (Applicant) Ms J Reid (Respondent)