Davis v Inner West Council [2021] NSWLEC 1453

Davis v Inner West Council [2021] NSWLEC 1453

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 fell within the Court's powers under 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, uphold the appeal and make orders leading to the issue of a building information certificate upon compliance.

Jurisdiction
Australia
Judgment Date
06 August 2021
Procedural Posture
Class 1 Appeal Against Refusal to Issue a Building Information Certificate / Orders Following Agreement Reached at Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to amend the Building Information Certificate application; Council directed to issue a building information certificate upon compliance with specified orders; liberty to apply granted.
Legal Topics
['building Information Certificate' 'section 34 Conciliation Agreement' 'court Power to Direct Council to Issue Certificate' 'encroachments' 'fire Rating and Noise Weighting Works']
['environmental Planning and Assessment' 'land and Environment Court Procedure' 'building Regulation'] ['building Information Certificate' 'section 34 Conciliation Agreement' 'court Power to Direct Council to Issue Certificate' 'encroachments' 'fire Rating and Noise Weighting Works']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal to Issue a Building Information Certificate / Orders Following Agreement Reached at Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one the Court could make in the proper exercise of its functions.' 'Whether the Court should direct the Council to issue a building information certificate after the Applicant completes specified works and provides required surveys and certifications.']

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 fell within the Court's powers under 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, uphold the appeal and make orders leading to the issue of a building information certificate upon compliance.

Court Disposition

Appeal upheld; leave granted to amend the Building Information Certificate application; Council directed to issue a building information certificate upon compliance with specified orders; liberty to apply granted.

Orders

  • ['The Applicant is granted leave to amend the Building Information Certificate Application number BC/2021/0011 to rely upon the "BIC Plans" drawings 1-6 prepared by M Knox Design & Carpentry, Rev 1.' 'The appeal is upheld.' 'Within 21 days of the date of this order, the Applicant is to commission and obtain an...