Ozaras v Inner West Council [2020] NSWLEC 1573

Ozaras v Inner West Council [2020] NSWLEC 1573

The Stop Work Order was substantiated and reasonable because demolition of the entire roof and all internal and external walls was not authorised by the CDC, and unauthorised building work was taking place in circumstances including demolition of elements intended to be retained and observation of a newly constructed concrete slab. The Court was not satisfied that the Applicant had provided evidence supporting revocation, and it lacked sufficient details, specifications or terms to formulate a satisfactory restoration order; it was also not satisfied that such a restoration order would avoid negative impacts.

Jurisdiction
Australia
Judgment Date
20 November 2020
Procedural Posture
Class 1 Miscellaneous Appeal Pursuant to S 8.18 of the Environmental Planning and Assessment Act 1979 / Appeal Against Development Control Order No 2 Dated 22 August 2019 (stop Work Order)
Outcome
The appeal is dismissed.
Legal Topics
['stop Work Order' 'complying Development Certificate' 'unauthorised Building Works' 'demolition of Walls and Roof' 'restoration Order']
['planning and Environment Law' 'development Control Orders' 'complying Development'] ['stop Work Order' 'complying Development Certificate' 'unauthorised Building Works' 'demolition of Walls and Roof' 'restoration Order']

Case Brief

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Procedural Posture

Class 1 Miscellaneous Appeal Pursuant to S 8.18 of the Environmental Planning and Assessment Act 1979 / Appeal Against Development Control Order No 2 Dated 22 August 2019 (stop Work Order)

Legal Issues

  1. 1 ['Whether the Stop Work Order requiring cessation of unauthorised building works should be revoked.' 'Whether the Court should substitute the Stop Work Order with a restoration order requiring the demolished walls and roof to be restored like for like.' 'Whether demolition of the entire roof and all internal and external walls was authorised by the Complying Development Certificate.']

Ratio Decidendi

The Stop Work Order was substantiated and reasonable because demolition of the entire roof and all internal and external walls was not authorised by the CDC, and unauthorised building work was taking place in circumstances including demolition of elements intended to be retained and observation of a newly constructed concrete slab. The Court was not satisfied that the Applicant had provided evidence supporting revocation, and it lacked sufficient details, specifications or terms to formulate a satisfactory restoration order; it was also not satisfied that such a restoration order would avoid negative impacts.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.']