Bursill v Inner West Council [2016] NSWLEC 1392
The Order as made does not satisfy the requirements of s121B of the EP&A Act because the boundary location and whether the wall is a party/common wall is undetermined. It is not possible to identify the necessary work to bring the wall into compliance. As such, the Order is revoked and the appeal is upheld.
- Parties
- Applicant: Sally Bursill; Respondent: Inner West Council
- Jurisdiction
- Australia
- Judgment Date
- 07 September 2016
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal upheld
- Legal Topics
- Compliance With Development Standards, Boundary Disputes, Validity of Council Orders, Fire Safety Compliance
Case Brief
Summary, issues, holding and outcome
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Parties
Sally Bursill
Applicant
Inner West Council
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the wall in dispute is erected on or within 900mm of the boundary
- 2 Whether the wall is structurally adequate and appropriately fire rated
- 3 Whether the council's Order 13 satisfies the requirements of s121B of the Environmental Planning and Assessment Act 1979
Ratio Decidendi
The Order as made does not satisfy the requirements of s121B of the EP&A Act because the boundary location and whether the wall is a party/common wall is undetermined. It is not possible to identify the necessary work to bring the wall into compliance. As such, the Order is revoked and the appeal is upheld.
Court Disposition
Appeal upheld
Orders
- The appeal is upheld.
- Order No 13 dated 21 September 2015, issued to Ms Sally Evelyn Bursill in relation to property No 49 Barwon Park Road St Peters is revoked.
Full Case Text
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