Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the Development Control Order No.3 issued on 24 April 2024 ON2024/0193 (DCO) demolish works order issued under div 9.3, s 9.34 and Sch 5, Pt 1 of the EPA Act in respect of unauthorised use of and works carried out at land known as 49 Piccadilly Street and 81 Riverstone Road, Riverstone legally described as Lot 1 in DP 24647 (the Site).

2. The DCO required the following by 23 June 2024:

1) Demolish the approximately 200m2 detached secondary dwelling which has been constructed on the eastern side of the principal dwelling.

2) After completion of the demolition works, ensure all building waste is taken to a lawful waste facility.

All works are to be conducted in accordance with the provisions of Australian Standards 2601-2001 (The Demolition of Structures)

3. The reasons given in the DCO are reproduced as follows:

1) Council cannot be satisfied that the conversion of the secondary dwelling satisfies the structural, fire safety, health and amenity provisions of the National Construction Code.

2) Building works have been carried out without the required Construction Certificate.

3) Council cannot be satisfied that the required critical stage inspections were conducted during the construction of the secondary dwelling.

4) To ensure that the development complies with the applicable planning instruments and development controls.

5) To comply with the consent number DA-15-1281.

4. By way of relevant background, on 28 September 2015, Council granted consent for Development Application Number DA-15-1281 for a detached dual occupancy with two lot subdivision (the Consent). The Consent granted approval for the construction of a new, secondary dwelling subject to conditions of consent. The Consent approved the construction of:

'... a single storey residence at the rear of an existing residence fronting Riverstone Road. The new dwelling consists of 3 bedrooms, combined kitchen/dining and living areas; a rumpus room and a single car garage with a second car space to be parked within the new driveway. The building is to be of a cladding system with a painted finish and metal roof construction. A new driveway is proposed for the existing residence with access off Piccadilly Street.' (the new dwelling).

5. The Site remains as a single lot. On 28 March 2024, in response to a complaint about the new dwelling, Council conducted a site inspection which revealed:

a. The Site had been separated by the installation of a metal fence between the two dwellings;

b. The approximately 200m2 new dwelling had been unlawfully constructed without the benefit of a construction certificate and a subdivision certificate;

c. An unlawful awning (approximately 25m2) has been attached to the northeastern elevation of the new dwelling; [emphasis added]

d. Unlawful landfill and construction of retaining walls beneath the unlawful awning has been constructed on the Site; and

e. The new dwelling is unlawfully occupied.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1969e6aefa09c8e52af985c7)

Disclaimer: Curated by HT Syndication.