England v Fairfield City Council

Land and Environment Court New South Wales Case Name:  England & Anor v Fairfield City Council Medium Neutral Citation:  [2015] NSWLEC 1387 Hearing Date(s):  24 September 2015 Date of Orders: 24 September 2015 Decision Date:  24 September 2015 Jurisdiction:  Class 1 Before:  Morris Decision:  Appeal upheld Catchwords:  CONSENT ORDERS: orders to demolish carport, relocation Legislation Cited:  Environmental Planning and Assessment Act 1979 Category:  Principal judgment Parties:  Robert James England Jean Ann England (Applicants) Fairfield City Council (Respondent) Representation:  Counsel: Mr J Doyle (Applicants)   Solicitors: Mr J Thompson, Ritchie Castellan (Respondent) File Number(s):  10271 of 2015 JUDGMENTFairfield City Council issued an Order under the provisions of Section 121B of the Environmental Planning and Assessment Act 1979 to the owners of No 277 Polding Street, Fairfield West that required the demolition of a carport that the council says had been erected without consent. The owners of that property and applicants in these proceedings are appealing the provisions of that Order.A conciliation conference was held on site on 27 May 2015 with subsequent discussions held in June 2015 however no agreement was reached and the conciliation was terminated. I had presided over that conference and have visited the site.The applicants were granted leave by the Court on 14 July 2015 to amend the application to provide for the relocation of the carport from within the front building line setback to Smithfield Road to a location behind that building line and to the east of the existing dwelling house. An existing driveway crossing provides...