Jian San Wei v Willoughby City Council [2018] NSWLEC 1009

Land and Environment Court New South Wales

Medium Neutral Citation: Jian San Wei v Willoughby City Council [2018] NSWLEC 1009 Hearing dates: 29 September 2017 Date of orders: 11 January 2018 Decision date: 11 January 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:

(1) The appeal is upheld (2) Order 1295, issued by Willoughby City Council to the Applicant under s.121B of the Environmental Planning and Assessment Act, 1979 requiring the demolition and removal of concrete works within the front setback of the Applicant's property (18Harden Avenue, Northbridge) is confirmed, subject to the time for compliance with the order being extended to Wednesday 28 February 2018. (3) The exhibits are returned, with the exception of Exhibits 1and A. Catchwords: SECTION 121B ORDER: Order to remove or modify concrete hard stand within front setback. Order confirmed. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Willoughby Local Environment Plan 2012 Cases Cited: nil Texts Cited: Willoughby Development Control Plan 2006 Category: Principal judgment Parties: Jian San Wei (Applicant) Willoughby City Council (Respondent) Representation: Mr Jian San Wei ((Applicant in person)) Mr J.P. Merlino (Respondent)