Hou v Hornsby Shire Council [2025] NSWLEC 1106

Hou v Hornsby Shire Council [2025] NSWLEC 1106

The jurisdictional prerequisites for modifying the Development Control Order and directing the issue of a Building Information Certificate under the EPA Act are satisfied. The parties have agreed to substitute the demolition/restoration order with a repair order, and the retaining wall works will be completed in accordance with jointly agreed expert recommendations. As such, the applicant's appeals are upheld; the DCO is modified, and the Building Information Certificate will issue after certification of completed works.

Parties
Applicant: Zhen Qi Hou; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
25 February 2025
Procedural Posture
Class 1 Appeal / Final Judgment After Conciliation Conference Agreement
Outcome
Appeals upheld; Development Control Order modified; Building Information Certificate to be issued after completion of required works.
Legal Topics
Development Control Order Appeal, Building Information Certificate Appeal, Modification of Works Order, Retaining Wall Compliance, Conciliation Conference, Agreement Between Parties
Planning and Environment Law Development Control Order Appeal Building Information Certificate Appeal Modification of Works Order Retaining Wall Compliance Conciliation Conference Agreement Between Parties

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Parties

Zhen Qi Hou

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment After Conciliation Conference Agreement

Legal Issues

  1. 1 Whether the Development Control Order (Order No 3 – Demolish Works Order and Order No 10 – Restore Works Order) should be substituted with a Repair Order (Order No 5) for unauthorised retaining wall and associated works
  2. 2 Whether the Building Information Certificate should be issued for the retaining wall after completion of required repair works

Ratio Decidendi

The jurisdictional prerequisites for modifying the Development Control Order and directing the issue of a Building Information Certificate under the EPA Act are satisfied. The parties have agreed to substitute the demolition/restoration order with a repair order, and the retaining wall works will be completed in accordance with jointly agreed expert recommendations. As such, the applicant's appeals are upheld; the DCO is modified, and the Building Information Certificate will issue after certification of completed works.

Court Disposition

Appeals upheld; Development Control Order modified; Building Information Certificate to be issued after completion of required works.

Orders

  • The DCO Appeal (2024/293239) is upheld; the Development Control Order of 11 July 2024 is modified as set out in Annexure A.
  • The BIC Appeal (2024/292416) is upheld; the applicant is directed to carry out works within the timeframes in the Modified Development Control Order No 5 at Annexure A.