Bhargava v Hornsby Shire Council [2021] NSWLEC 1568

Bhargava v Hornsby Shire Council [2021] NSWLEC 1568

Because the parties' agreed decision was one that the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
28 September 2021
Procedural Posture
Class 1 Miscellaneous Appeal: Development Control Order Appeal and Building Information Certificate Appeal / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders by Agreement
Outcome
Both appeals upheld; Demolish Works Order modified; respondent directed to issue Building Information Certificate No. BC/17/2021 after the applicant complies with specified conditions; parties to pay their own costs.
Legal Topics
['appeal Against Development Control Order' 'appeal Against Refusal to Issue Building Information Certificate' 'conciliation Conference' 'modification of Development Control Order' 'issue of Building Information Certificate']
['planning and Environment' 'development Control Orders' 'building Information Certificates'] ['appeal Against Development Control Order' 'appeal Against Refusal to Issue Building Information Certificate' 'conciliation Conference' 'modification of Development Control Order' 'issue of Building Information Certificate']

Case Brief

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Procedural Posture

Class 1 Miscellaneous Appeal: Development Control Order Appeal and Building Information Certificate Appeal / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders by Agreement

Legal Issues

  1. 1 ["Whether the Court should dispose of the development control order appeal and building information certificate appeal in accordance with the parties' agreement reached at conciliation." "Whether the parties' agreed decision was a decision 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

Because the parties' agreed decision was one that the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Court Disposition

Both appeals upheld; Demolish Works Order modified; respondent directed to issue Building Information Certificate No. BC/17/2021 after the applicant complies with specified conditions; parties to pay their own costs.

Orders

  • ['In DCO Appeal proceedings 2020/260101, the appeal is upheld.' 'The Order made and given on 10 August 2020 is modified by deleting terms 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.9, 1.10 and inserting new terms requiring the applicant, within one hundred and twenty (120) days, to carry out remedial works specified in...