Chami v Lane Cove Council (No 3) [2015] NSWLEC 144

Chami v Lane Cove Council (No 3) [2015] NSWLEC 144

Ms Chami is entitled to a building certificate for the dwelling subject to completion of the remaining outstanding works (specifically, rectification and certification of the powder room in accordance with Building Code requirements and replacement of masonry balustrading with non-reflective glass balustrade on the uppermost western balcony), incorporation of relevant conditions, and satisfying the directions as to evidence and works within the specified timeframe. Costs resulting from the reopening are to be borne by the applicant (Ms Chami) in accordance with orders unless a party applies otherwise.

Parties
Applicant: Sarab Chami; Respondent: Lane Cove Council
Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Building Certificate Appeal / Post Hearing Directions and Orders Following Reopened Hearing
Outcome
Building certificate to issue upon compliance with final directions and completion of specified works with orders and costs as specified.
Legal Topics
Building Certificate, Development Consent, Compliance With Building Code of Australia, Structural Engineering, Streetscape Impact, Procedural Orders, Costs
Planning and Environment Law Building Law Building Certificate Development Consent Compliance With Building Code of Australia Structural Engineering Streetscape Impact Procedural Orders +1 more

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Parties

Sarab Chami

Applicant

Lane Cove Council

Respondent

Procedural Posture

Building Certificate Appeal / Post Hearing Directions and Orders Following Reopened Hearing

Legal Issues

  1. 1 Whether works undertaken on the premises comply with the Building Code of Australia and development consent
  2. 2 Whether all works in the Council's amended schedule are completed satisfactorily
  3. 3 What conditions should attach to any building certificate issued

Ratio Decidendi

Ms Chami is entitled to a building certificate for the dwelling subject to completion of the remaining outstanding works (specifically, rectification and certification of the powder room in accordance with Building Code requirements and replacement of masonry balustrading with non-reflective glass balustrade on the uppermost western balcony), incorporation of relevant conditions, and satisfying the directions as to evidence and works within the specified timeframe. Costs resulting from the reopening are to be borne by the applicant (Ms Chami) in accordance with orders unless a party applies otherwise.

Court Disposition

Building certificate to issue upon compliance with final directions and completion of specified works with orders and costs as specified.

Orders

  • Applicant to complete powder room works and obtain compliant certification by 16 October 2015.
  • Respondent to prepare and provide draft orders and building certificate by 16 October 2015.