Sargent v The Council of the City of Sydney [2017] NSWLEC 1450

Land and Environment Court New South Wales

Medium Neutral Citation: Sargent v The Council of the City of Sydney [2017] NSWLEC 1450 Hearing dates: 8 August 2017, with further submissions received on 15 and 17 August 2017 Date of orders: 22 August 2017 Decision date: 22 August 2017 Jurisdiction: Class 1 Before: Gray C Decision: (1) The appeal is dismissed (2) The exhibits are returned, except for exhibits 1, C & D. Catchwords: APPEAL – s121B order issued for demolition of awning – whether development consent required under former instrument – whether building certificate issued in 1988 avoids requirement to obtain consent - whether exempt development – structure requires development consent Legislation Cited: Building Code of Australia Environmental Planning and Assessment Act 1979 ss 76, 121B, 121O, 121ZK Land and Environment Court Act 1979 ss 34, 39 Local Government Act 1919 ss 317AE, 317AG State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Sydney Local Environmental Plan 2012 South Sydney Local Environment Plan 1998 Sydney Development Control Plan 2012 South Sydney Development Control Plan 1999 — Exempt and Complying Development Cases Cited: Imaroo Flyer Pty Ltd v Berrigan Shire Council [2010] NSWLEC 1251 Category: Principal judgment Parties: Robyn Sargent (Applicant) The Council of the City of Sydney (Respondent) Representation: Ms Sargent, in person (Applicant)