Grant v Kiama City Council (No 3) [2005] NSWLEC 723

Grant v Kiama City Council (No 3) [2005] NSWLEC 723

The appeal was dismissed because the applicant failed to file the required structural engineer's certificates for the gazebo, mini golf course and trampoline pits by the directed date, no cogent reason was advanced for that failure, and the structural soundness requirement for issuing building certificates was therefore not satisfied.

Jurisdiction
Australia
Judgment Date
30 November 2005
Procedural Posture
Appeal From Refusal of Building Certificate Application / Ex Tempore Judgment
Outcome
Appeal dismissed with no order for costs.
Legal Topics
['building Certificates' 'structural Certification' 'development Consent' 'dismissal of Appeal']
['planning and Environment Law'] ['building Certificates' 'structural Certification' 'development Consent' 'dismissal of Appeal']

Case Brief

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Procedural Posture

Appeal From Refusal of Building Certificate Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether building certificates should be issued for the gazebo, mini golf course and trampoline pits on the site at Broughton Vale.' "Whether the applicant had filed structural engineer's certificates demonstrating structural soundness for the structures."]

Ratio Decidendi

The appeal was dismissed because the applicant failed to file the required structural engineer's certificates for the gazebo, mini golf course and trampoline pits by the directed date, no cogent reason was advanced for that failure, and the structural soundness requirement for issuing building certificates was therefore not satisfied.

Court Disposition

Appeal dismissed with no order for costs.

Orders

  • ['In matter 11655/2004, the application for building certificates pursuant to s 149F(3) of the Environmental Planning and Assessment Act 1979 for a gazebo, mini golf course and trampoline pits on the site at Broughton Vale is dismissed.' 'The exhibits may be returned.']