Vurmeski v Bayside Council; Vurmeski v Bayside Council [2023] NSWLEC 1673

Vurmeski v Bayside Council; Vurmeski v Bayside Council [2023] NSWLEC 1673

The Court accepted the parties' agreements following a conciliation conference and, being satisfied that such decisions were within its proper exercise of judicial function, ordered the revocation of the development control order and directed the respondent to issue the Building Information Certificate.

Parties
First Applicant: Boris Vurmeski; Second Applicant: Aleksander Vurmeski; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
15 November 2023
Procedural Posture
Appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeals upheld; development control order revoked; council directed to issue building information certificate
Legal Topics
Development Control Orders, Building Information Certificates, Complying Development, Jurisdiction of Land and Environment Court, Settlement Following Conciliation
Planning and Environment Law Local Government Law Development Control Orders Building Information Certificates Complying Development Jurisdiction of Land and Environment Court Settlement Following Conciliation

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Parties

Boris Vurmeski

First Applicant

Aleksander Vurmeski

Second Applicant

Bayside Council

Respondent

Procedural Posture

Appeal (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the Development Control Order (General Order No 2 Stop Works Order) should be revoked under s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the council should be directed to issue a Building Information Certificate under s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979

Ratio Decidendi

The Court accepted the parties' agreements following a conciliation conference and, being satisfied that such decisions were within its proper exercise of judicial function, ordered the revocation of the development control order and directed the respondent to issue the Building Information Certificate.

Court Disposition

Appeals upheld; development control order revoked; council directed to issue building information certificate

Orders

  • In proceedings 2022/335821: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979, General Order No 2 Stop Works Order issued by Bayside Council pursuant to s 9.34(1) Schedule 5 Part 1 of the Environmental Planning and Assessment Act 1979 dated 12 October 2022...
  • In proceedings 2023/39160: (1) The appeal is upheld. (2) Pursuant to s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979, the respondent is directed to issue a building information certificate for the building/walls the subject of building information certificate number BC-022/66, being an application...