Galea Group Pty Ltd v Penrith City Council [2023] NSWLEC 1357

Galea Group Pty Ltd v Penrith City Council [2023] NSWLEC 1357

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, owner's consent was provided, the application was lodged with the relevant council, the parties agreed the shed and concrete hardstand complied with the relevant RU4 zone objectives, and s 8.25(3)(a) of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 July 2023
Procedural Posture
Class 1 Appeal Against Refusal of Building Information Certificate Application No. Bc22/0063 / Orders Made After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and the respondent is directed to issue a Building Information Certificate.
Legal Topics
['building Information Certificate' 'appeal Against Refusal' 'unauthorised Building Works' 'rural Shed' 'concrete Hardstand' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment Law' 'building Certification'] ['building Information Certificate' 'appeal Against Refusal' 'unauthorised Building Works' 'rural Shed' 'concrete Hardstand' 'conciliation Conference' 'section 34 Agreement']

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Procedural Posture

Class 1 Appeal Against Refusal of Building Information Certificate Application No. Bc22/0063 / Orders Made After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should uphold the appeal against Penrith City Council's refusal of Building Information Certificate application No. BC22/0063." "Whether the Court could make orders directing the respondent to issue a Building Information Certificate for the shed building and concrete hardstand depicted in Annexure A following the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, owner's consent was provided, the application was lodged with the relevant council, the parties agreed the shed and concrete hardstand complied with the relevant RU4 zone objectives, and s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979 empowered the Court to direct the Council to issue a building information certificate, the Court was satisfied the proposed orders were within its functions and disposed of the proceedings in accordance with the agreement.

Court Disposition

The appeal is upheld and the respondent is directed to issue a Building Information Certificate.

Orders

  • ['The appeal is upheld.' 'Pursuant to s 8.25(3) of the Environmental Planning and Assessment Act 1979, the respondent is directed to issue a Building Information Certificate with respect to application No. BC22/0063 for the "shed" building and the "concrete hardstand" depicted in the plans at Annexure A.']