Chami v Lane Cove Council (No 4) [2015] NSWLEC 176

Chami v Lane Cove Council (No 4) [2015] NSWLEC 176

A building certificate is to be issued for the works as carried out, excluding the powder room lacking waterproofing certification. The specified gross sum costs of reopening ($11,591.70) are to be paid by the applicant before issuance. No further costs will be ordered unless an application is made within 28 days.

Parties
Applicant: Sarab Chami; Respondent: Lane Cove Council
Jurisdiction
Australia
Judgment Date
11 November 2015
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld. Building certificate to be issued upon payment of reopening costs.
Legal Topics
Building Certificate, Streetscape Presentation, Compliance With Development Consent, Waterproofing Certification, Costs of Interlocutory Applications, Final Orders
Building and Construction Planning and Environment Costs Building Certificate Streetscape Presentation Compliance With Development Consent Waterproofing Certification Costs of Interlocutory Applications +1 more

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Parties

Sarab Chami

Applicant

Lane Cove Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether works undertaken render the development acceptable in the streetscape
  2. 2 Whether lack of waterproofing certificate for powder room prevents issuance of building certificate
  3. 3 Allocation of costs for reopening application

Ratio Decidendi

A building certificate is to be issued for the works as carried out, excluding the powder room lacking waterproofing certification. The specified gross sum costs of reopening ($11,591.70) are to be paid by the applicant before issuance. No further costs will be ordered unless an application is made within 28 days.

Court Disposition

Appeal upheld. Building certificate to be issued upon payment of reopening costs.

Orders

  • The appeal is upheld.
  • Applicant to pay Respondent's costs of the reopening application in the amount of $11,591.70.