Demian v Willoughby City Council [2017] NSWLEC 1721

Demian v Willoughby City Council [2017] NSWLEC 1721

All relevant planning, amenity, privacy, landscaping, and BCA compliance issues have been addressed or resolved by works and conditions agreed between the parties, such that the application for the building certificate should be upheld, with the certificate to issue once the Council is satisfied final measures regarding the front steps' BCA compliance are met.

Jurisdiction
Australia
Judgment Date
14 December 2017
Procedural Posture
Appeal (class 1) Land and Environment Court / Final Judgment and Orders After Conciliation (consent Orders)
Outcome
Appeal upheld. Order for issue of building certificate upon satisfaction of BCA compliance for front steps.
Legal Topics
['building Certificate Application' 'development Consent Compliance' 'setbacks' 'streetscape Compatibility' 'privacy' 'building Code of Australia' 'landscaping' 'resolution by Consent']
['planning and Environment Law' 'local Government Law'] ['building Certificate Application' 'development Consent Compliance' 'setbacks' 'streetscape Compatibility' 'privacy' 'building Code of Australia' 'landscaping' 'resolution by Consent']

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Procedural Posture

Appeal (class 1) Land and Environment Court / Final Judgment and Orders After Conciliation (consent Orders)

Legal Issues

  1. 1 ['Whether the works (rear deck, front fence) were contrary to development consent and compliant with planning controls and the Building Code of Australia' 'Whether contentions regarding landscaping, setbacks, privacy, streetscape compatibility, and BCA compliance were resolved']

Ratio Decidendi

All relevant planning, amenity, privacy, landscaping, and BCA compliance issues have been addressed or resolved by works and conditions agreed between the parties, such that the application for the building certificate should be upheld, with the certificate to issue once the Council is satisfied final measures regarding the front steps' BCA compliance are met.

Court Disposition

Appeal upheld. Order for issue of building certificate upon satisfaction of BCA compliance for front steps.

Orders

  • ['The Appeal is upheld.' 'Pursuant to section 149F(3) of the Environmental Planning and Assessment Act 1979, the Court directs the respondent to issue a building certificate in the form annexed and marked A, upon the satisfaction of the respondent that the requirements of the Building Code of Australia have been met...