Kekatos v Ku-ring-gai Council [2020] NSWLEC 1548

Kekatos v Ku-ring-gai Council [2020] NSWLEC 1548

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could make under its powers in s 8.25(3) of the Environmental Planning and Assessment Act 1979, the Court was required to dispose of the proceedings in accordance with that agreement. The Court made orders upholding the appeal, requiring rectification and survey steps, and directing the Council to issue the building certificate after compliance, without assessing the merits of the certificate.

Jurisdiction
Australia
Judgment Date
10 November 2020
Procedural Posture
Class 1 Appeal Against Determination of an Application for a Building Information Certificate / Orders Made Following Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; orders made by agreement directing rectification works, inspection and documentation steps, and issue of a Building Certificate after compliance.
Legal Topics
['class 1 Appeal' 'building Information Certificate' 'conciliation Conference' 'agreement Between Parties' 'retaining Walls and Excavation Works']
['planning and Environment Law' 'building Information Certificates'] ['class 1 Appeal' 'building Information Certificate' 'conciliation Conference' 'agreement Between Parties' 'retaining Walls and Excavation Works']

Case Brief

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Procedural Posture

Class 1 Appeal Against Determination of an Application for a Building Information Certificate / Orders Made Following Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the appeal in accordance with the parties' agreement reached after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision directing issue of a building information certificate after specified works was one the Court could make in the proper exercise of its functions under s 8.25(3) of the Environmental Planning and Assessment Act 1979.' 'Whether liberty to apply should be granted in relation to compliance with the orders.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could make under its powers in s 8.25(3) of the Environmental Planning and Assessment Act 1979, the Court was required to dispose of the proceedings in accordance with that agreement. The Court made orders upholding the appeal, requiring rectification and survey steps, and directing the Council to issue the building certificate after compliance, without assessing the merits of the certificate.

Court Disposition

Appeal upheld; orders made by agreement directing rectification works, inspection and documentation steps, and issue of a Building Certificate after compliance.

Orders

  • ['The appeal be upheld.' 'Within 28 days, the Applicants shall carry out specified rectification works within the rear yard, as they relate to the rear retaining walls and landscape works, and the stairs to the front of the yard, as detailed on the listed plans by Building Drafting Solutions dated 19/10/20.' 'The...