Furfaro v Central Coast Council [2019] NSWLEC 1337

Furfaro v Central Coast Council [2019] NSWLEC 1337

Because the parties reached agreement on terms of decision that the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Class 1 Appeal Under S 8.25 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Building Information Certificate Application / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld.
Legal Topics
['building Information Certificate' 'deemed Refusal' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['planning and Environment' 'development Applications' 'land and Environment Court Proceedings'] ['building Information Certificate' 'deemed Refusal' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

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Procedural Posture

Class 1 Appeal Under S 8.25 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Building Information Certificate Application / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreed decision following conciliation conference." 'Whether leave should be granted to rely on amended plans and additional documentation.' 'Whether the respondent should be directed to issue a Building Information Certificate for the partially completed building.']

Ratio Decidendi

Because the parties reached agreement on terms of decision that the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and additional documentation identified in Order 1.' 'The Appeal is upheld.' 'The Respondent is directed to issue a Building Information Certificate within 14 days for the partially completed building at 15 Church St, Terrigal, as depicted in the plans...