Williams v Blacktown City Council [2020] NSWLEC 1080

Williams v Blacktown City Council [2020] NSWLEC 1080

After the conciliation conference, the parties reached agreement on terms acceptable to them; the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979, and therefore disposed of the proceedings in accordance with that agreement by upholding the appeal and directing the issue of a Building Information Certificate subject to conditions.

Jurisdiction
Australia
Judgment Date
26 February 2020
Procedural Posture
Class 1 Proceedings Brought Pursuant to S 8.25 of the Environmental Planning and Assessment Act 1979 by Way of Appeal From the Failure or Refusal to Issue a Building Information Certificate / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; Respondent directed to issue a Building Information Certificate subject to conditions; each party to pay their own costs.
Legal Topics
['building Information Certificate' 'class 1 Appeal' 'conciliation Conference' 'consent Orders']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['building Information Certificate' 'class 1 Appeal' 'conciliation Conference' 'consent Orders']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Proceedings Brought Pursuant to S 8.25 of the Environmental Planning and Assessment Act 1979 by Way of Appeal From the Failure or Refusal to Issue a Building Information Certificate / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court should direct the Respondent to issue a Building Information Certificate for the deck and pergola to the rear and sides of the dwelling at 80 The Ponds Boulevard, The Ponds.' "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

After the conciliation conference, the parties reached agreement on terms acceptable to them; the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979, and therefore disposed of the proceedings in accordance with that agreement by upholding the appeal and directing the issue of a Building Information Certificate subject to conditions.

Court Disposition

Appeal upheld; Respondent directed to issue a Building Information Certificate subject to conditions; each party to pay their own costs.

Orders

  • ['The Applicant is granted leave to rely upon the BCA Report prepared by Technical Inner Sight dated 14 January 2020, Partial Topographical Survey Plan prepared by ATS Land & Engineering Surveyors Pty Ltd dated 19 March 2019, Structural Engineering Certification prepared by Astroc Structural Engineering dated 14 May...