Samar Holdings (Aust) Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1625

Samar Holdings (Aust) Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1625

Given the mutual agreement of the parties and satisfactory plans and conditions addressing environmental and statutory issues, the appeal is upheld and the Council is directed to issue a Building Information Certificate following compliance with the agreed works and conditions.

Parties
Applicant: Samar Holdings (Aust) Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Class 1 Compulsory Conference Appeal / Final Judgment After Conciliation and Agreement
Outcome
Appeal upheld
Legal Topics
Building Information Certificates, Development Applications, Conciliation Conference, Environmental Zoning, Restoration Orders
Planning and Environment Building Information Certificates Development Applications Conciliation Conference Environmental Zoning Restoration Orders

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Parties

Samar Holdings (Aust) Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Compulsory Conference Appeal / Final Judgment After Conciliation and Agreement

Legal Issues

  1. 1 Whether the Applicant is entitled to a Building Information Certificate for the property at 191 Fowler Road, Illawong under s 8.25(1)(a) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the works proposed and agreed sufficiently address environmental, safety, and statutory concerns

Ratio Decidendi

Given the mutual agreement of the parties and satisfactory plans and conditions addressing environmental and statutory issues, the appeal is upheld and the Council is directed to issue a Building Information Certificate following compliance with the agreed works and conditions.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • By 6 September 2020, the Applicant is to carry out the works in accordance with the plans and documents as attached at Annexure A and the conditions at Annexure B.