Majzoub v Liverpool City Council [2018] NSWLEC 1195

Land and Environment Court New South Wales

Medium Neutral Citation: Majzoub v Liverpool City Council [2018] NSWLEC 1195 Hearing dates: Conciliation Conference 1 February, submissions received 29 March 2018 Date of orders: 16 July 2018 Decision date: 24 April 2018 Jurisdiction: Class 1 Before: Dickson C Decision: (1) Appeal 2017/00250803 for Building Certificate BC/65/2017 is dismissed;

(2) The Order issued by the Respondent on 15 June 2017, pursuant to the then Section 121B of the Act, requiring the demolition or removal of the shed the subject of the Building Certificate in (1), is varied as follows: (a) the period for compliance with the Order is to be amended to 3 September 2018; (b) the existing slab is permitted to be retained; (c) the applicant is required to landscape the boundary with the property to the north for the length of the shed (to be demolished) to the satisfaction of Council; and (d) the filed expert reports and submissions are returned. Catchwords: DEVELOPMENT APPEAL: shed constructed without consent – not exempt development – appeal against refusal of building certificate – rural land – effectiveness of landscaping as screening – visual impact – impact on character. Legislation Cited: Environmental Planning and Assessment Act Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Ireland v Cessnock City Council [1999] 103 LGERA 285 Super Studio v Waverley Council [2004] NSWLEC91 Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 Texts Cited: Nil Category: Principal judgment Parties: Ahmad Majzoub (Applicant) Liverpool City Council (Respondent) Representation: Solicitors: M Arch, Concordia Pacific (Applicant) I Lacy, Liverpool City Council (Respondent) File Number(s): 2017/00250803 Publication restriction: No