Pachkovski & Ors v Woollahra Council [2011] NSWLEC 1132

Pachkovski & Ors v Woollahra Council [2011] NSWLEC 1132

Because the parties had agreed consent orders resolving the appeal, including demolition of specified unauthorised works, and the Court saw no reason why those consent orders should not be issued, the Court made the agreed orders.

Jurisdiction
Australia
Judgment Date
21 March 2011
Procedural Posture
Class 1 Appeal Against an Order Issued Under S 121 of the Environmental Planning and Assessing Act 1979 / Consent Orders
Outcome
Consent orders made requiring demolition of specified unauthorised works and each party to pay their own costs.
Legal Topics
['s 121 Order' 'unauthorised Works' 'demolition Order' 'development Consent' 'heritage Conservation Area' 'consent Orders']
['planning and Environment Law'] ['s 121 Order' 'unauthorised Works' 'demolition Order' 'development Consent' 'heritage Conservation Area' 'consent Orders']

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Procedural Posture

Class 1 Appeal Against an Order Issued Under S 121 of the Environmental Planning and Assessing Act 1979 / Consent Orders

Legal Issues

  1. 1 ["Whether the Court should make consent orders on an appeal against Woollahra Council's s 121 order requiring demolition of unauthorised works at 33 Rowe Street, Woollahra." 'Whether unauthorised garage and storage works should be demolished and what costs order should be made.']

Ratio Decidendi

Because the parties had agreed consent orders resolving the appeal, including demolition of specified unauthorised works, and the Court saw no reason why those consent orders should not be issued, the Court made the agreed orders.

Court Disposition

Consent orders made requiring demolition of specified unauthorised works and each party to pay their own costs.

Orders

  • ['The applicant is to demolish unauthorised works to the garage structure at 33 Rowe Street, Woollahra being the brick lintel, column supports and garage door in front of the carport and the storage area located above the garage, including all columns, roof and windows, balcony and balustrade and the link structure...