Foster v North Sydney Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Foster v North Sydney Council [2016] NSWLEC 1008 Hearing dates:14 December 2015Date of orders: 08 January 2016 Decision date: 08 January 2016 Jurisdiction:Class 1Before: Maston AC Decision: See paragraph [18] below Catchwords: ORDER TO REMOVE UNAUTHORISED BUILDING: Courts discretion to make an order with respect to compliance; Council Order confirmed subject to compliance within 3 months. Legislation Cited: Environmental Planning and Assessment Act 1979; North Sydney Local Environmental Plan 2013 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Category:Principal judgmentParties: Basilika Tatiana Foster (Applicant) North Sydney Council (Respondent) Representation: Mrs B.T. Foster (Applicant in person) Mr M. Pearce, solicitor (Respondent) File Number(s):10540 of 2015Publication restriction:NoJudgment This is an appeal under s.121 ZK of the Environmental Planning and Assessment Act, 1979, (EPA Act) by Mrs B. T. Foster against an Order dated 29/5/2015 issued by the North Sydney Council to her under s. 121B of the EPA Act. Specifically, the Order given by the Council is “to demolish or remove a building”, which is Order No.2 in the table to s.121B. The circumstance relied upon by the Council is that a portion of lattice fencing on top of the boundary wall between Mrs Foster’s property at 15 Military Road, Neutral Bay, and 13 Military Road, Neutral Bay ”was erected without prior approval of Council, in a case where prior development consent is required”. The particular section of lattice affected by the Order is the higher of the...