Abdul-Rahman v Burwood Council

Land and Environment Court New South Wales Medium Neutral Citation: Abdul-Rahman v Burwood Council [2016] NSWLEC 1053 Hearing dates:27 January 2016Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld (see para 54 for modified Order) Catchwords: Orders, impact of unauthorised works on heritage conservation area Legislation Cited: Burwood Local Environmental Plan 2012 Texts Cited: Burwood Development Control Plan Category:Principal judgmentParties: Omar Abudul-Rahman (Applicant)   Burwood Council (Respondent) Representation: Solicitors: Ms A Spizzo Landerer and Company (Applicant) Mr S Shneider Houston Dearn O’Connor (Respondent) File Number(s):10877 of 2015Judgment Burwood Council has issued an Order under the provisions of Section 121B of the Environmental Planning and Assessment Act 1979 (EP&AAct) to Mr Abdul-Rahman in relation to unauthorised building works on his land. He is appealing the provisions of that Order. The site and its context The site is legally described as Lot 2 in DP 950492 known as 2 Culdees Road, Burwood Heights. It is located on the eastern side of the road and has a frontage of 30.29m and site area of 1366 m². The site is occupied by a two storey dwelling with attached garage, workshop, loft, gardens and swimming pool. Background The Order the subject of this appeal was issued by the Council on 3 September 2015 and is in the following terms: Council orders you, pursuant to the said Act, to restore the premises to be condition they were before works were unlawfully carried out by:1. Demolishing the laundry/bathroom addition...