Malass v Strathfield Municipal Council [2020] NSWLEC 168

Malass v Strathfield Municipal Council [2020] NSWLEC 168

A partial stay of the stop work order is appropriate to allow limited works (installation of front door, completion of skylight flashings, installation of glass in window and sliding door frames, installation of temporary hoarding, and removal of work equipment) to secure and waterproof the building, subject to conditions including lodgment and pursuit of relevant applications, and compliance with development consent. The scope of works allowed is limited and does not undermine the purpose and utility of the original stop work order.

Parties
Applicant: Sarah Malass; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Class 1 Appeal Against Stop Work Order / Interlocutory Motion for Stay
Outcome
Partial stay of stop work order granted subject to conditions; no order as to costs.
Legal Topics
Stay of Development Control Order, Stop Work Order, Development Consent, Appeal Procedure, Interlocutory Orders
Planning and Environment Law Stay of Development Control Order Stop Work Order Development Consent Appeal Procedure Interlocutory Orders

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Parties

Sarah Malass

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Class 1 Appeal Against Stop Work Order / Interlocutory Motion for Stay

Legal Issues

  1. 1 Whether a partial stay of the stop work order under s 9.34 of the Environmental Planning and Assessment Act 1979 should be granted to allow limited works for waterproofing and physical security
  2. 2 What conditions should attach to any partial stay granted

Ratio Decidendi

A partial stay of the stop work order is appropriate to allow limited works (installation of front door, completion of skylight flashings, installation of glass in window and sliding door frames, installation of temporary hoarding, and removal of work equipment) to secure and waterproof the building, subject to conditions including lodgment and pursuit of relevant applications, and compliance with development consent. The scope of works allowed is limited and does not undermine the purpose and utility of the original stop work order.

Court Disposition

Partial stay of stop work order granted subject to conditions; no order as to costs.

Orders

  • The operation of the order given by the Respondent on 14 September 2020 under s 9.34 and schedule 5 of the Environmental Planning and Assessment Act 1979 is partially stayed, such that specified works (installation of front door, completion of skylight flashings, installation of glass, installation of temporary...
  • The partial stay is subject to conditions: the Applicant must lodge a development application and building information certificate application by 14 December 2020, actively pursue them, promptly appeal against any refusal, not carry out any other works, and comply with relevant conditions of development consent.