Habibeh v Blacktown City Council [2022] NSWLEC 1651

Habibeh v Blacktown City Council [2022] NSWLEC 1651

The appeal is upheld and orders made in accordance with the parties' agreement because the Court is satisfied it is within its powers to do so, pursuant to s 34(3) of the Land and Environment Court Act 1979 and s 8.25(3) of the Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
24 November 2022
Procedural Posture
Appeal / Judgment After Conciliation Conference
Outcome
Appeal upheld; conditional orders made for issue of Building Information Certificate
Legal Topics
['building Information Certificate' 'demolition Order' 'development Control Order' 'appeal Process']
['planning and Environment'] ['building Information Certificate' 'demolition Order' 'development Control Order' 'appeal Process']

Case Brief

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Procedural Posture

Appeal / Judgment After Conciliation Conference

Legal Issues

  1. 1 ['Whether the Applicants are entitled to a Building Information Certificate for the subject development' 'Whether the demolition order should be revoked as agreed by the parties' 'Whether compliance with a new Development Control Order is sufficient for issuance of the certificate']

Ratio Decidendi

The appeal is upheld and orders made in accordance with the parties' agreement because the Court is satisfied it is within its powers to do so, pursuant to s 34(3) of the Land and Environment Court Act 1979 and s 8.25(3) of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal upheld; conditional orders made for issue of Building Information Certificate

Orders

  • ['The appeal is upheld.' 'The Respondent is directed to issue to the Applicants a Building Information Certificate for application no. BC-22-00021 dated 19 April 2022 within 14 days of satisfaction of the following conditions: (a) Revocation of demolition order dated 22 April 2022; (b) Compliance with Development...