Chami v Lane Cove Council [2015] NSWLEC 1003

Chami v Lane Cove Council [2015] NSWLEC 1003

The court determined that, subject to the completion of specific remedial works set out in Schedule 1 (including structural modifications, replacement of panels with masonry, removal of a kitchen enabling dual occupancy, acoustic protection, and landscaping works), the building could appropriately be issued a building certificate for the works as constructed. The matter was adjourned to allow completion of those works, with further directions for inspection and submissions before final orders on issuing the certificate.

Parties
Applicant: S Chami; Respondent: Lane Cove Council
Jurisdiction
Australia
Judgment Date
23 January 2015
Procedural Posture
Appeal Against Refusal of Building Certificate (class 1, Land and Environment Court) / Interlocutory/interim Decision With Adjournment; Directions for Further Hearing
Outcome
Adjourned with findings and directions; final determination of certificate pending completion of remedial works and further hearing.
Legal Topics
Building Certificate Appeals, Development Consent Compliance, Amenity Impacts, Merit Assessment, Structural Adequacy, Proportionality of Remedies
Planning and Environment Law Building Regulation Building Certificate Appeals Development Consent Compliance Amenity Impacts Merit Assessment Structural Adequacy Proportionality of Remedies

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Parties

S Chami

Applicant

Lane Cove Council

Respondent

Procedural Posture

Appeal Against Refusal of Building Certificate (class 1, Land and Environment Court) / Interlocutory/interim Decision With Adjournment; Directions for Further Hearing

Legal Issues

  1. 1 Whether a building certificate should be issued for works constructed at 8 Bayview Street not in conformity with development consent
  2. 2 What remedial works are necessary to render a building certificate appropriate
  3. 3 Whether departures from approved plans warrant refusal or conditional grant of a certificate

Ratio Decidendi

The court determined that, subject to the completion of specific remedial works set out in Schedule 1 (including structural modifications, replacement of panels with masonry, removal of a kitchen enabling dual occupancy, acoustic protection, and landscaping works), the building could appropriately be issued a building certificate for the works as constructed. The matter was adjourned to allow completion of those works, with further directions for inspection and submissions before final orders on issuing the certificate.

Court Disposition

Adjourned with findings and directions; final determination of certificate pending completion of remedial works and further hearing.

Orders

  • Applicant required to undertake works set out in Schedule 1 before any building certificate can be issued.
  • Matter adjourned until 27 July 2015 for site inspection and further hearing.