Dong Thanh Vu v Fairfield City Council [2017] NSWLEC 1390

Land and Environment Court New South Wales

Medium Neutral Citation: Dong Thanh Vu v Fairfield City Council [2017] NSWLEC 1390 Hearing dates: 18 July 2017 Date of orders: 18 July 2017 Decision date: 20 July 2017 Jurisdiction: Class 1 Before: Martin SC Decision: 1. Appeal number 333572 of 2016 is upheld. 2. Pursuant to s 121 ZK(4)(b) of the Environmental Planning and Assessment Act 1979, Schedule 1 of the Order of 11 October 2016 issued by the Fairfield City Council the subject of this appeal is varied by deleting each reference to the words "Within a period of THIRTY (30) DAYS from the date of the Order" in each of orders 1,2 and 12 and inserting the words "By midnight on 18 October 2017". 3. Exhibit 1 is returned. Catchwords: Consent orders - Appeal against s.121B order – garage not to be used for residential purposes – extension of time to comply with Order Legislation Cited: Environmental Planning and Assessment Act 1979 ss 76A, 121B, 121ZK Fairfield City Wide DCP Fairfield Local Environmental Plan 2013 Category: Principal judgment Parties: Dong Thang Vu (Applicant) Fairfield City Council (Respondent) Representation: Counsel: Mr Van Huang (Agent for Applicant) Mr Thompson (solicitor) (Respondent)

Solicitors: Self-represented (Applicant) Ritchie & Castellan Solicitors (Respondent) File Number(s): 2016/333572 Publication restriction: No

Judgment 1. This is an appeal brought under s 121ZK of the Environmental Planning and Assessment Act 1979 (EPA Act) by the Applicant, Mr Dong Thanh Vu, against orders dated 11 October 2016 made under s 121B of the EPA Act by the Respondent Council, Fairfield City Council.