Chen v City of Parramatta Council

[2020] NSWLEC 1059

Land and Environment Court

New South Wales

Medium Neutral Citation:	Chen v City of Parramatta Council [2020] NSWLEC 1059
Hearing dates:	Conciliation conference on 7 February 2020
Date of orders:	13 February 2020
Decision date:	13 February 2020
Jurisdiction:	Class 1
Before:	Clay AC
Decision:	The Court orders: (1)   Appeal allowed. (2)   Direct the Council to issue a Building Information Certificate in respect of Application BC 128/2018 in respect of glazed balcony screen enclosure, the repositioning of dining area and an addition of a glass door and panel for media/MPR at Lot 83 Strata Plan 80149 known as Unit 910, 22 Charles Street, Parramatta.
Catchwords:	BUILDING CERTIFICATE – conciliation conference – enclosed balcony – minor internal work – orders
Legislation Cited:	Environmental Planning Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Dong Jie Chen (Applicant) City of Parramatta Council (Respondent)
Representation:	Counsel: D Chen (Self-represented) (Applicant) B Gough (Solicitor) (Respondent)   Solicitors: Storey & Gough (Respondent)
File Number(s):	2019/150702
Publication restriction:	Nil

Judgment

1. COMMISSIONER: This is an appeal pursuant to s 8.25(1) Environmental Planning and Assessment Act 1979 (EPA Act) against the decision by the Respondent to refuse an application for a Building Certificate (BC 128/2018) made pursuant to Division 6.7 of the EPA Act in respect of glazed balcony screen enclosure, the repositioning of dining area and an addition of a glass door and panel for media/MPR at Lot 83 Strata Plan 80149 known as unit 910, 22 Charles Street, Parramatta.

2. On 7 February 2020 I presided over a conciliation conference between the parties pursuant to s 34 of the Land and Environment Court Act 1979 (LEC Act).

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The proposed decision was to allow the appeal and direct the Respondent to issue a Building Information Certificate.

4. Pursuant to s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ agreement if the proposed decision the subject of the agreement is a decision that the Court could have made in the proper exercise of its functions.

5. Pursuant to s 8.25(3)(a) of the EPA Act, the Court has power to direct the Respondent to issue a building information certificate. There is no jurisdictional prerequisite to the making of such an order other than that there is a lawful application before the Court.

6. I am satisfied that a proper building certificate application was made pursuant to Division 6.7 of the EPA Act and this appeal was properly lodged pursuant to s 8.25 of the Act.

7. The parties have not raised and I am not aware of any jurisdictional impediment to the making of these orders. Further, I was not required to make, and have not made, any assessment of the merits of the application against any relevant or discretionary matters that arise pursuant to an assessment under the EPA Act.

8. Accordingly, I make the following orders:

1. Appeal allowed.

2. Direct the Council to issue a Building Information Certificate in respect of Application BC 128/2018 in respect of glazed balcony screen enclosure, the repositioning of dining area and an addition of a glass door and panel for media/MPR at Lot 83 Strata Plan 80149 known as Unit 910, 22 Charles Street, Parramatta.

…………………………….

P Clay

Acting Commissioner of the Court

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Decision last updated: 14 February 2020