Michael v Hunters Hill Council [2019] NSWLEC 1281

Michael v Hunters Hill Council [2019] NSWLEC 1281

As the parties' agreement is a decision the Court could have made in the proper exercise of its functions and all jurisdictional prerequisites are satisfied, the Court must and does make the agreed orders, upholding the appeal and imposing conditions regarding the pergola structure and associated compliance steps.

Jurisdiction
Australia
Judgment Date
25 June 2019
Procedural Posture
Appeal Class 1 / Consent Orders Following Conciliation Conference
Outcome
Appeal upheld by consent; compliance orders made regarding pergola structure and building certificate issuance.
Legal Topics
['building Certificate Application' 'conciliation Conference' 'compliance Orders']
['planning and Environment'] ['building Certificate Application' 'conciliation Conference' 'compliance Orders']

Case Brief

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Procedural Posture

Appeal Class 1 / Consent Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the Court should make consent orders granting a building certificate for a pergola and operable retractable roof terrace at 2 Aspinall Place, Hunters Hill following agreement between the parties']

Ratio Decidendi

As the parties' agreement is a decision the Court could have made in the proper exercise of its functions and all jurisdictional prerequisites are satisfied, the Court must and does make the agreed orders, upholding the appeal and imposing conditions regarding the pergola structure and associated compliance steps.

Court Disposition

Appeal upheld by consent; compliance orders made regarding pergola structure and building certificate issuance.

Orders

  • ['The appeal is upheld.' 'The applicant must trim hedges to specific heights within 28 days.' 'The applicant must permanently disable integrated lighting within the pergola roof within 28 days.' 'Partial demolition and reconstruction works of pergola to be carried out within 90 days by a licensed builder or...