Anglicas v Northern Beaches Council

[2025] NSWLEC 1453

Land and Environment Court

New South Wales

Medium Neutral Citation:

Anglicas v Northern Beaches Council [2025] NSWLEC 1453

Hearing dates:

Conciliation conference on 20 June 2025

Date of orders:

20 June 2025

Decision date:

20 June 2025

Jurisdiction:

Class 1

Before:

Horton C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) The Respondent is directed pursuant to s 8.25(3) of the Environmental Planning and Assessment Act 1979, to issue a Building Information Certificate with respect to the timber stairs at the rear of the land located at 8 Rock Bath Road Palm Beach, legally identified as Lot 287 DP 16362.

Catchwords:

BUILDING INFORMATION CERTIFICATE — conciliation conference — agreement between the parties — orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 6.22, 6.23, 8.25

Land and Environment Court Act 1979, s 34

Category:

Principal judgment

Parties:

Lloyd Anglicas (First Applicant)
Jane Anglicas (Second Applicant)
Northern Beaches Council (Respondent)

Representation:

Counsel:
L Anglicas, litigant in person (Applicant)
M Domingo (Solicitor)(Respondent)

Solicitors:
Northern Beaches Council (Respondent)

File Number(s):

2025/76383

Publication restriction:

Nil

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1. COMMISSIONER: This appeal is lodged pursuant to s 8.25 of the Environmental Planning and Assessment Act 1979 (EPA Act), following the refusal by Northern Beaches Council (the Council) to issue a building information certificate for timber stairs at 8 Rock Bath Road, Palm Beach.

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 20 June 2025. I presided over the conciliation conference.

3. Prior to the conciliation conference, an agreement under s 34(3) of the LEC Act was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The decision agreed upon under s 34(3) of the LEC Act is that the Council is directed to issue a building information certificate for the timber stairs. A signed agreement is supported by an agreed Jurisdictional Statement, which outlines the history that informs the agreement reached and the jurisdictional matters about which the Court must be satisfied prior to making orders in accordance with the agreement reached.

4. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I have formed this state of satisfaction as this decision is within the power of the Court to “direct the council to issue a building information certificate in such terms and on such conditions as the Court thinks fit”, pursuant to s 8.25(3) of the EPA Act.

5. Section 8.25(3) provides:

(3) On hearing the appeal, the Court may do any one or more of the following—

(a) direct the council to issue a building information certificate in such terms and on such conditions as the Court thinks fit,

(b) revoke, alter or confirm a notice to supply information,

(c) make any other order that it considers appropriate.

6. In addition, I am satisfied the application for the building information certificate meet the requirements of ss 6.22 and 6.23 of the EPA Act.

7. Having reached the state of satisfaction that the decision agreed upon is one that the Court could make in the exercise of its functions, s 34(3)(a) of the LEC Act requires that I dispose of the proceedings in accordance with the decision, and to set out in writing the terms of the decision (s 34(3)(b)).

8. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any assessment of the merits of the grant of a building information certificate.

Orders

9. The Court orders that:

1. The appeal is upheld.

2. The Respondent is directed pursuant to s 8.25(3) of the Environmental Planning and Assessment Act 1979, to issue a Building Information Certificate with respect to the timber stairs at the rear of the land located at 8 Rock Bath Road Palm Beach, legally identified as Lot 287 DP 16362.

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