Screnci & Anor v Willoughby City Council (No 2) [2016] NSWLEC 1182

Screnci & Anor v Willoughby City Council (No 2) [2016] NSWLEC 1182

The Order appeal was upheld because the s 121B order required modification by substituting a new Schedule of Works. The Schedule should retain an overall 12-month compliance period, include staged requirements and allow flexibility for demolition and construction to proceed in sections through the work plan and detailed construction plans, while ensuring inspection and timely completion. The Council's plans adequately reflected the earlier findings on the rock shelf and terraces. The timber walkway should not be included because development consent for the secondary dwelling had been refused, access need was not shown, and the evidence left unresolved discrepancies about the walkway's...

Jurisdiction
Australia
Judgment Date
19 May 2016
Procedural Posture
Class 1 Appeals Under the Environmental Planning and Assessment Act 1979 Concerning a S 121 B Order, Development Applications and Building Certificates / Final Orders Following Principal Judgment and Written Submissions on the Modified Order
Legal Topics
['section 121 B Order' 'unauthorised Works' 'modification of Order' 'building Certificate' 'development Application' 'secondary Dwelling' 'retaining Walls' 'landscaping Works']
['environmental Planning and Assessment' 'land and Environment' 'development Control'] ['section 121 B Order' 'unauthorised Works' 'modification of Order' 'building Certificate' 'development Application' 'secondary Dwelling' 'retaining Walls' 'landscaping Works']

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Procedural Posture

Class 1 Appeals Under the Environmental Planning and Assessment Act 1979 Concerning a S 121 B Order, Development Applications and Building Certificates / Final Orders Following Principal Judgment and Written Submissions on the Modified Order

Legal Issues

  1. 1 ['Whether Order No 2595 under s 121B of the Environmental Planning and Assessment Act 1979 should be modified and, if so, in what terms.' 'Whether the Schedule of Works should impose staged timeframes or allow staged demolition and construction works.' "Whether the Council's annexed plans were consistent with the earlier findings concerning the rock shelf and terraces." 'Whether a timber walkway between the western and eastern terraces should be included in the modified Order.' 'Whether the remaining appeals concerning building certificates and development applications should be dismissed and the applications refused.']

Ratio Decidendi

The Order appeal was upheld because the s 121B order required modification by substituting a new Schedule of Works. The Schedule should retain an overall 12-month compliance period, include staged requirements and allow flexibility for demolition and construction to proceed in sections through the work plan and detailed construction plans, while ensuring inspection and timely completion. The Council's plans adequately reflected the earlier findings on the rock shelf and terraces. The timber walkway should not be included because development consent for the secondary dwelling had been refused, access need was not shown, and the evidence left unresolved discrepancies about the walkway's...

Court Disposition

Orders

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