Umansky v Sutherland Shire Council [2019] NSWLEC 1569

Land and Environment Court New South Wales

Medium Neutral Citation: Umansky v Sutherland Shire Council [2019] NSWLEC 1569 Hearing dates: Conciliation conference held on 11 November 2019 Date of orders: 21 November 2019 Decision date: 21 November 2019 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) Within 120 days from the date of these Court Orders, the Applicant is to: (a) Remove the garage roller door and associated wooden frame installed on the carport at the subject premises and construct a 1.8m high metal fence and gate not closer than 500mm from rear of the carport structure, extending from the western boundary fence to the dwelling, or (b) The carport which has been enclosed, is to be upgraded to fully comply with Part 3.7.2 Fire separation of external walls of Volume 2 of the Building Code of Australia 2019. Certification from an Accredited Certifier under the Building Professionals Board Accreditation Scheme is to be provided to Council certifying that the completed works satisfy these provisions. All works required by this Order are to be wholly within the boundaries of 3 Portland Close, Illawong. This shall be confirmed by a certificate from a registered surveyor; and (c) Implement measures to ensure that surface water from the rear paved area north of the carport is not directed onto the adjoining property. This is to be achieved by re-grading the paved area to direct surface water into the existing stormwater system located at the north western corner of the dwelling. (d) Pursuant to sections 34(3)(a) and (b) of the Land and Environment Court Act 1979 (NSW) there is a requirement for the Court to dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. (e) The Parties agree that the Court has power to make these Orders pursuant to s 8.18(4) of the Environmental Planning & Assessment Act 1979. Catchwords: ORDERS – enclosure of carport, stormwater drainage – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Government Act 1993 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Texts Cited: National Construction Code – Building Code of Australia Category: Principal judgment Parties: Albert Umansky (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Umansky (Litigant in person) (Applicant) J Amy (Solicitor) (Respondent)