Coe v Liverpool City Council [2017] NSWLEC 1468

Land and Environment Court New South Wales

Medium Neutral Citation: Coe v Liverpool City Council [2017] NSWLEC 1468 Hearing dates: 18 August 2017 Date of orders: 30 August 2017 Decision date: 30 August 2017 Jurisdiction: Class 1 Before: Bish C Decision: 1. The Order dated 15 March 2017, served on Mr Coe by Liverpool City Council relating to the premises known as Lot 31 DP 212134 (known as 13 Clingan Avenue, Lurnea) under s 121B of the Environmental Planning and Assessment Act 1979 is modified under s 121ZK(4)(b) by: substituting the compliance period for Orders 1(a) and 2(a), with 21 days from the date of this Court order. 2. The appeal is otherwise dismissed. Catchwords: ORDER: garage conversion; granny flat; orders to vacate and demolish fitout. Legislation Cited: Environment Protection and Assessment Act 1979 Land and Environment Court Act 1979 Liverpool Local Environmental Plan 2008 Local Government Act 1993 Cases Cited: Ong v North Sydney Council [2011] NSWLEC 1070 [28] Texts Cited: Nil Category: Principal judgment Parties: Mr Martin Coe (Applicant) Liverpool City Council (Respondent) Representation: Counsel: Mr M Coe (Applicant) Mr S Nash, Barrister (Respondent)

Solicitors: Self Represented (Applicant) Liverpool City Council (Respondent) File Number(s): 98289 of 2017 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against Orders 1(a) and 2(a), dated 15 March 2017 served by the Liverpool City Council under s124 of the Local Government Act 1993 (LG Act) regarding the use of a building, a converted garage, as a residence at Lot 31, DP 212134, 13 Clingan Ave, Lurnea (the site). The Orders require: To cease using premises for a purpose specified in the order, being: Cease using the garage as a granny flat. Also to demolish or remove a building, being: Demolish unauthorised fitout of the garage into a granny flat on the north-western lot boundary, including all modifications and additions to create: internal walls, external walls, windows, doors, unauthorised kitchen, bathroom, combined living/dining room and bedroom. 1. In this matter, at a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was unable to reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The conciliation was terminated on this basis. Both parties consented to the Commissioner disposing of these proceedings forthwith on the basis of what occurred at the conciliation conference in accordance with s 34(4)(b)(ii) of the Court Act. 2. At the site visit, the Court was unable to gain access to the internal area of the converted garage, however Council provided with consent of Mr Coe, photographic evidence taken by on a previous visit. The photographs provided can be summarised as: Image 1: Driveway/pergola leading to converted garage Image 2: Power cables leading to converted garage Image 3: Living room/lounge looking into Kitchen Image 4: Kitchen Image 5: Toilet/bathroom Image 6: Shower Image 7: Bedroom Image 8: Partition walls Image 9: Outside of converted garage