Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3:

1. COMMISSIONER: Richard and Sarah Merry (the Applicants) have lodged a Class 1 Appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act). The appeal is against Goulburn Mulwaree Council's (the Respondent) Development Control Order No DE/0092/2223 issued on 9 July 2024 in identical terms to each of the Applicants (DCOs)to demolish works (Order 3) and to restore works (Order 10) under Pt 1 Sch 5 of s 9.34 of the EPA Act in respect of unauthorised works carried out at 1790 Taralga Road, Tarlo legally identified as Lots 207, 228 and 229 in DP 750045, Lot 204 in DP 750048, Lot 3 in DP 804128 (the Site).

2. The DCOs relate to a series of eight retaining walls built in an amphitheatre arrangement adjacent to a sensitive watercourse, the Tarlo River, and also relates to alterations and additions made to an existing farm shed including replacement of doors and walls, construction of concrete slab, construction of fireplace and new door opening. Specifically, the DCOs requires each of the Applicants to do the following:

"Requirements for Demolish Work Order 3

1. Demolish and/or remove the unapproved retaining walls (terracing) and associated earthworks that form part of the landscaping alongside the Tarlo River (photos attached):

a. Environmental controls are to be implemented in accordance with guidelines specified in the 'Blue Book', Managing Urban Stormwater: Soils and construction - Volume 1.

2. Demolish and/or remove the unauthorised modifications to the farm shed by

a. Removing the mezzanine level.

b. Removing any unapproved fittings and plumbing.

c. Engaging the services of a licensed electrician to remove and make safe all unauthorised electrical fitting, fixtures and wiring.

d. Removing fixed glass installed to replace exterior walls of the farm shed structure.

3. All equipment/machinery employed in the demolition works is to be used in an environmentally sensitive way.

4. Lawfully dispose all waste material to a licensed waste or recycling facility.

Requirements for Restore Work Order 10

5) Restore the structure back to a farm building ancillary to the use of the land.

6) Restore the affected land to the use and condition in which the premises were before the unauthorised work was carried out."

3. The Property is owned by the Applicants and they did not engage any legal representation for the hearing. The Applicants did not file any expert evidence.

4. The proceedings commenced on the Site with the two Applicants and the Court was assisted by two single expert reports on behalf of the Respondent. The first expert report was filed on 2 April 2025 and was prepared by Peter Day, Building Surveyor. The second expert report was filed on 1 May 2025 and was prepared by Alan Hamilton, Structural and Civil Engineer. Mr Day and Mr Hamilton spoke to their reports pointing out various matters on the Site.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197c39bfa21712da1682be95)

Disclaimer: Curated by HT Syndication.