Pachkovski v Woollahra Council

[2011] NSWLEC 1132

Land and Environment Court

New South Wales

Medium Neutral Citation:

Pachkovski & Ors v Woollahra Council [2011] NSWLEC 1132

Hearing dates:

21 March 2011

Decision date:

21 March 2011

Jurisdiction:

Class 1

Before:

Murrell C

Decision:

(1)The applicant is to demolish unauthorised works to the garage structure at 33 Rowe Street, Woollahra, being the brick lintel, column supports and garage door in front of the carport and the storage area located above the garage, including all columns, roof and windows, balcony and balustrade and the link structure to stairs by 25 April 2011.

(2)Each party is to pay their own costs.

(3)The Court notes:

The issue of the rear stairs leading to the rear of the dwelling shall be considered as part of the matters for consideration in proceedings 11001 of 2010.

Catchwords:

CONSENT ORDERS: S 121 Order to demolish unauthorised works.

Legislation Cited:

Environmental Planning and Assessing Act 1979

Category:

Principal judgment

Parties:

APPLICANTS
Alexandra Pachkovski and Violetta & Grigoriy Primanzon
RESPONDENT
Woollahra Council

Representation:

Mr S Brockwell - Applicants
Denes Ebner Lawyers - Applicant

Mr P Rigg
Norton Rose - Respondent

File Number(s):

11000 of 2010

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1. COMMISSIONER: The applicant in these proceedings is appealing against an order issued by Woollahra Council under s 121 of the Environmental Planning and Assessing Act 1979 . The subject property is 33 Rowe Street, Woollahra and it is noted that the subject premises are within a heritage conservation area, although No 33 is not a heritage item as such. The subject premises are divided into a number of flats, which total seven.

1. The Council issued the s 121 Order to the applicant for demolition of certain parts of the building that had not been granted development consent.

1. The applicant has also discussed the matter with the Council and development applications have been submitted to the Council for works to the front and the rear of the premises and the applicant has agreed that some of the unauthorised works contained referred to in the order issued by the Council will be demolished.

1. The parties have come to the Court with consent orders and are confident that the development applications will alleviate Council's concerns and allow the building to be appropriate and sympathetic in terms of the heritage conservation area.

1. The Court notes that there is another appeal afoot, that is 11001 of 2010 for a building certificate. That matter has been stood over to 1 April. It is not a matter for me in these proceedings.

1. The Court sees no reason as to why the consent orders as proposed by the parties should not be issued by the Court and accordingly the orders of the Court are:

(1)   The applicant is to demolish unauthorised works to the garage structure at 33 Rowe Street, Woollahra being the brick lintel, column supports and garage door in front of the carport and the storage area located above the garage, including all columns, roof and windows, balcony and balustrade and the link structure to stairs by 25 April 2011.

(2)   Each party is to pay their own costs.

(3)   The Court notes:

The issue of the rear stairs leading to the rear of the dwelling shall be considered as part of the matters for consideration in proceedings 11001 of 2010.

J S Murrell

Commissioner of the Court