Zhang v Ku-ring-gai Council [2024] NSWLEC 1809

Zhang v Ku-ring-gai Council [2024] NSWLEC 1809

The Court, being satisfied the parties' agreement is within its powers under s 8.18(4)(b) of the EPA Act and s 34(3) of the LEC Act, ordered modification of the Development Control Order to require demolition and partial demolition of specified structures, with compliance by 30 April 2025.

Parties
Applicant: Yaxin Zhang; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
17 December 2024
Procedural Posture
Class 1 Development Appeal / Post Conciliation Conference; Final Orders Made
Outcome
Appeal upheld; Development Control Order modified.
Legal Topics
Development Control Orders, Demolition Orders, Conciliation Process
Planning and Environment Law Development Control Orders Demolition Orders Conciliation Process

Case Brief

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Parties

Yaxin Zhang

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 Development Appeal / Post Conciliation Conference; Final Orders Made

Legal Issues

  1. 1 Whether the Development Control Order (EPA0111/23) should be modified in respect of unauthorised works at 125A Eastern Road Turramurra NSW 2074
  2. 2 Whether the proposed demolition and partial demolition requirements are appropriate to resolve the dispute

Ratio Decidendi

The Court, being satisfied the parties' agreement is within its powers under s 8.18(4)(b) of the EPA Act and s 34(3) of the LEC Act, ordered modification of the Development Control Order to require demolition and partial demolition of specified structures, with compliance by 30 April 2025.

Court Disposition

Appeal upheld; Development Control Order modified.

Orders

  • Appeal upheld.
  • Development Control Order dated 17 May 2024 (EPA0111/23) modified as to Terms of Order: (1) Demolish the awning on the north-east side of the existing dwelling; (2) Partially demolish the pergola so its northeastern most point is in line with the northeastern wall of the residence.