Sheree Waks v Inner West Council [2017] NSWLEC 1321

Sheree Waks v Inner West Council [2017] NSWLEC 1321

The Court was satisfied that it was appropriate for a building certificate to issue because the appeal concerned only the refusal of a building certificate for a dual occupancy, the building was structurally adequate, the physical rectification works required by the Court had been completed, the expert evidence supported issue of the certificate subject to fire safety documentation, and the Council ultimately raised no objection to an order requiring issue of the certificate.

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Class 1 Appeal Under S 149 F of the Environmental Planning and Assessment Act 1979 Against Refusal of a Building Certificate / Principal Judgment and Final Orders
Outcome
Appeal upheld; Council directed to issue a building certificate.
Legal Topics
['building Certificate Application' 'dual Occupancy' 'unauthorised Building Works' 'fire Safety Certificate' 'building Code of Australia Compliance']
['planning and Environment' 'building Regulation'] ['building Certificate Application' 'dual Occupancy' 'unauthorised Building Works' 'fire Safety Certificate' 'building Code of Australia Compliance']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 149 F of the Environmental Planning and Assessment Act 1979 Against Refusal of a Building Certificate / Principal Judgment and Final Orders

Legal Issues

  1. 1 ['Whether a building certificate should be issued for the property at 136 Louisa Road, Birchgrove after rectification works were undertaken.' 'Whether the building, considered as a dual occupancy, was fit for occupation and use in accordance with its Building Code of Australia classification.' 'Whether fire safety, egress, balustrading, protection of openings, elevated windows and swimming pool safety issues had been sufficiently addressed.']

Ratio Decidendi

The Court was satisfied that it was appropriate for a building certificate to issue because the appeal concerned only the refusal of a building certificate for a dual occupancy, the building was structurally adequate, the physical rectification works required by the Court had been completed, the expert evidence supported issue of the certificate subject to fire safety documentation, and the Council ultimately raised no objection to an order requiring issue of the certificate.

Court Disposition

Appeal upheld; Council directed to issue a building certificate.

Orders

  • ['The appeal is upheld.' 'Pursuant to s 149 F(3) of the Environmental Planning and Assessment Act 1979 the Council is directed to issue a building certificate to the Applicant in accordance with the form annexed and marked "IWC1" within 28 days of the date of this judgment.' 'The Exhibits, save for Exhibits 1, 3 and...