Aoun v Penrith City Council [2024] NSWLEC 1562

Aoun v Penrith City Council [2024] NSWLEC 1562

As the parties' agreement falls within the powers conferred on the Court under applicable planning legislation and addresses the issues originally in dispute, the Court is satisfied to uphold the appeals, substitute the Development Control Order, and direct issuance of a Building Information Certificate as agreed.

Parties
Applicant: Youssef Aoun; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
12 September 2024
Procedural Posture
Class 1 Appeals (development Control Order and Building Information Certificate) / Final Orders After Conciliation Conference–agreement Between Parties
Outcome
Appeals upheld; substituted Development Control Order made; direction to issue partial Building Information Certificate
Legal Topics
Development Control Orders, Building Information Certificates, Unauthorised Building Works, Appeals Against Council Orders, Agreement at Conciliation, Judicial Powers on Appeal
Planning and Environment Law Local Government Law Administrative Law Development Control Orders Building Information Certificates Unauthorised Building Works Appeals Against Council Orders Agreement at Conciliation +1 more

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Parties

Youssef Aoun

Applicant

Penrith City Council

Respondent

Procedural Posture

Class 1 Appeals (development Control Order and Building Information Certificate) / Final Orders After Conciliation Conference–agreement Between Parties

Legal Issues

  1. 1 Whether the Development Control Order should be substituted as per the agreement between the parties under s 8.18 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the Court should direct the respondent to issue a Building Information Certificate for certain works at the property

Ratio Decidendi

As the parties' agreement falls within the powers conferred on the Court under applicable planning legislation and addresses the issues originally in dispute, the Court is satisfied to uphold the appeals, substitute the Development Control Order, and direct issuance of a Building Information Certificate as agreed.

Court Disposition

Appeals upheld; substituted Development Control Order made; direction to issue partial Building Information Certificate

Orders

  • Proceedings 2023/426102: The appeal is upheld. The Development Control Order issued by the respondent to the applicant on 31 October 2023 is, pursuant to s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979, substituted with the Development Control Order at Annexure A.
  • Proceedings 2023/461450: The appeal is upheld. The respondent is directed to issue, within 14 days, a Building Information Certificate for 8 Kunipipi Street, St Clair NSW 2759 for the inground swimming pool and swimming pool barrier and the carport attached to the dwelling, as detailed in Annexure B.