Kat v Waverley Council [2021] NSWLEC 1051

Kat v Waverley Council [2021] NSWLEC 1051

The Court may uphold an appeal and direct the council to issue a building information certificate for unauthorised works if satisfied that the party will perform remedial works addressing non-compliances (e.g., as to structural, moisture, and fire safety risks), provided the owner's corporation eventually consents, and the certificate is conditional upon completion of those works in accordance with agreed plans and reports within a specified period.

Jurisdiction
Australia
Judgment Date
01 February 2021
Procedural Posture
Appeal Class 1 (environmental Planning and Protection Appeal) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Conditional orders made for issue of building information certificate subject to works and owner's corporation consent, with liberty to apply for time extension.
Legal Topics
['building Information Certificate' 'unauthorised Building Work' 'compliance With Building Code of Australia' 'fire Safety' "strata and Owner's Corporation Consent"]
['planning and Environment Law'] ['building Information Certificate' 'unauthorised Building Work' 'compliance With Building Code of Australia' 'fire Safety' "strata and Owner's Corporation Consent"]

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Procedural Posture

Appeal Class 1 (environmental Planning and Protection Appeal) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the applicant is entitled to a building information certificate for a sunroom erected without development consent and not in compliance with the Building Code of Australia' "Whether the Court can grant a building information certificate subject to remediation works and owner's corporation consent" "Whether the conciliated agreement between the parties can be enforced in the absence of strata owner's final consent"]

Ratio Decidendi

The Court may uphold an appeal and direct the council to issue a building information certificate for unauthorised works if satisfied that the party will perform remedial works addressing non-compliances (e.g., as to structural, moisture, and fire safety risks), provided the owner's corporation eventually consents, and the certificate is conditional upon completion of those works in accordance with agreed plans and reports within a specified period.

Court Disposition

Appeal upheld. Conditional orders made for issue of building information certificate subject to works and owner's corporation consent, with liberty to apply for time extension.

Orders

  • ['Applicant granted leave to amend Building Information Certificate Application No. BC-23/2019 to rely on specified updated plans and documents.' 'Appeal upheld.' "Waverley Council directed to issue a building information certificate for the sunroom at 1/72 Plowman Street, North Bondi (Lot 1, SP82661) if, within 12...