Malta-Fell v Byron Shire Council [2020] NSWLEC 1448

Malta-Fell v Byron Shire Council [2020] NSWLEC 1448

As the parties reached agreement in conciliation and the court was satisfied statutory requirements were met and the agreement was one it could have made in regular exercise of its functions, the court upheld the appeal and made orders granting the Building Information Certificate subject to agreed conditions.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 September 2020
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation
Outcome
Appeal upheld. Orders made by agreement.
Legal Topics
['building Information Certificate' 'development Application' 'council Refusal' 'conciliation Conference' 'powers of Court Under S 34 Land and Environment Court Act']
['planning Law' 'environmental Law'] ['building Information Certificate' 'development Application' 'council Refusal' 'conciliation Conference' 'powers of Court Under S 34 Land and Environment Court Act']

Source-derived case record

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Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation

Legal Issues

  1. 1 ['Whether appeal against refusal of Building Information Certificate should be upheld' 'Whether court should grant certificate subject to agreed conditions under s 34(3) Land and Environment Court Act']

Ratio Decidendi

As the parties reached agreement in conciliation and the court was satisfied statutory requirements were met and the agreement was one it could have made in regular exercise of its functions, the court upheld the appeal and made orders granting the Building Information Certificate subject to agreed conditions.

Court Disposition

Appeal upheld. Orders made by agreement.

Orders

  • ['The Applicant is granted leave to rely upon the plans by Pitts Built dated 1 September 2020 and the report by Lucena Civil & Structural Engineers dated 8 September 2020.' 'The Applicant must undertake the work required in those plans within 60 days, including replacement/removal of specified features and...