Willis v Ku-ring-gai Council [2009] NSWLEC 1084

Willis v Ku-ring-gai Council [2009] NSWLEC 1084

The appeal is allowed and the council is directed to issue a building certificate, subject to the strengthening of the storeroom wall to act as a retaining wall and the submission of a structural engineer's certificate upon satisfactory completion of the required works.

Parties
Applicant: Ken Willis; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
17 March 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed by consent
Legal Topics
Building Certificate Application, Structural Adequacy, Consent Orders
Environmental Law Planning Law Building Regulation Building Certificate Application Structural Adequacy Consent Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Ken Willis

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a building certificate should be granted for works in a redundant laundry area and adjoining rooms
  2. 2 Whether sufficient information was provided concerning waterproofing, moisture penetration and structural adequacy

Ratio Decidendi

The appeal is allowed and the council is directed to issue a building certificate, subject to the strengthening of the storeroom wall to act as a retaining wall and the submission of a structural engineer's certificate upon satisfactory completion of the required works.

Court Disposition

Appeal allowed by consent

Orders

  • The appeal is allowed.
  • The respondent is directed to issue a building certificate subject to: (a) the external wall of the store room being strengthened to act as a retaining wall in accordance with sketch 09018SK2 annexed and marked 'A'; (b) the submission of a structural engineer's certificate upon completion of the works certifying...