Shant Mejloumian v Fairfield City Council [2017] NSWLEC 1642

Land and Environment Court New South Wales

Medium Neutral Citation: Shant Mejloumian v Fairfield City Council [2017] NSWLEC 1642 Hearing dates: 8 November 2017 Date of orders: 14 November 2017 Decision date: 14 November 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: See paragraph [36] below Catchwords: RETAINING WALL: Appeal against an Order to demolish. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Nil Category: Principal judgment Parties: Shant Mejloumian (Applicant) Fairfield City Council (Respondent) Representation: Counsel:

S. Mejloumian (in person) J. Thompson (Respondent)

Solicitors:

Ritchie & Castellan Solicitors (Respondent) File Number(s): 2017/90646 Decision under appeal File Number(s): 2017/90646

Judgment

Background 1. COMMISSIONER: Shant Mejloumian (the Applicant) has appealed the issuing of an Order 2(a) issued by Fairfield City Council on 16 March 2017 under s121B(1) of the Environmental Planning and Assessment Act 1979 (EP&A Act). 2. The Order, issued to the Applicant and Mrs Rose Renée Veskanian, sought the demolition of an unauthorised retaining wall constructed in the front of a property at 6 Bernard Place Edensor Park ('Subject Site'), along with the removal of associated fill placed behind the retaining wall by the Applicant. These actions were to be completed within 28 days of the issue of the Order. 3. The appeal is made pursuant to s121ZJ of the EP&A Act. 4. The appeal was the subject of a conciliation conference under s34 of the Land and Environment Court Act 1979 (the LEC Act) on 4 August 29017. An inspection of the Subject Site was undertaken as part of the conciliation conference. 5. The Parties were unable to resolve issues relating to the Order during the s.34 conciliation, and so the conciliation conference was terminated. 6. The parties consented to me disposing of the proceedings under s34(4)(b)(i) of the LEC Act.