Murrie v Ku-ring-gai Council (No 2)

[2009] NSWLEC 1348

Land and Environment Court

of New South Wales

CITATION:

Murrie v Ku-ring-gai Council (No 2) [2009] NSWLEC 1348

PARTIES:

APPLICANT
Danielle Murrie

RESPONDENT
Ku-ring-gai Council

FILE NUMBER(S):

10486 of 2008

CORAM:

Bly C

KEY ISSUES:

MODIFICATION APPLICATION :- demolition of retaining wall

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

CASES CITED:

Murrie v Ku-ring-gai Council 2009 NSWLEC 1041

DATES OF HEARING:

24 September 2009

EX TEMPORE JUDGMENT DATE:

24 September 2009

LEGAL REPRESENTATIVES:

APPLICANT
M R Bennet (solicitor)
SOLICITOR
Pikes Lawyers

RESPONDENT
Mrs L Finn (solicitor)
HWL Ebsworth Lawyers

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

24 September 2009

10486 of 2008 Danielle Murrie -v- Ku-ring-gai Council

JUDGMENT

1 On 3 February 2009 I heard three appeals (Murrie v Ku-ring-gai Council 2009 NSWLEC 1041) in relation to the property at 3 Lightcliff Avenue, Lindfield, involving a demolition order (10486 of 2008), an application for a building certificate (11072 of 2008) and a development consent (11105 of 2008). All three matters relate to a retaining wall on that property. Those appeals were, by consent, upheld.

2 The applicant now seeks in relation to matter 10486 of 2008 the modification of the demolition order (EPA0014/08) that was issued by the Ku-ring-gai Council on 22 April 2008.

3 In particular, the applicant seeks the amendment of order 2 (iii) to enable the time for the completion of the works referred to in the order and the obtaining of a certificate of structural adequacy to be extended until 3 December 2009. The parties have now provided the Court with consent orders to that effect.

4 According to the affidavit of Ryan John Bennett of 27 June 2009, the need for an extension of time arose because of unforeseen delays associated with scheduled commitments by the nominated builder and the need to engage an alternative engineer for the certification of the works.

5 The neighbours have been notified of the proposed change to the order and they have expressed no concerns.

6 In the circumstances and there being no matter in dispute that would require determination by the Court, I am satisfied that the sought modification of the Court’s orders in relation to the demolition order can be effected.

7 I therefore order that, by consent, order 2 (iii) in proceedings No 10486 of 2008 is modified as follows:

8 “2 (iii). All works referred to above are to be completed and a certificate of structural adequacy is to be provided to Ku-ring-gai Municipal Council on or before 3 December 2009.”

___________________

T Bly
Commissioner of the Court
ajl