Dennis Chand v Liverpool City Council

[2017] NSWLEC 1537

Land and Environment Court

New South Wales

Medium Neutral Citation:	Dennis Chand v Liverpool City Council [2017] NSWLEC 1537
Hearing dates:	Conciliation conference on 25 September 2017
Date of orders:	27 September 2017
Decision date:	27 September 2017
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Dennis Chand (Applicant) Liverpool City Council (Respondent)
Representation:	Solicitor: Mr D Chand (Applicant-in-Person) Mr Nash, Liverpool City Council (Respondent)
File Number(s):	2017/132473
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. Subject to the Applicant, before December 2017;

1. Providing to the Respondent the reports and certificated identified in par 2(2) below; and

2. Carrying out the works detailed in par 2(3) below, the Respondent is directed, pursuant to s 149, to issue a building certificate in respect of the balcony/desk and awning structures located at the rear of the property situated at 72 St Ansdrews Boulevard, Casula, as indicated on the plans annexed and marked “A” to this agreement, by 22 December 2017.

2. The Applicant is to provide the Respondent the following reports, certificated and information before 8 December 2017:

1. An engineer’s certificate in respect of the awning, certifying that the awning is structurally sound and stable;

2. A report addressing compliance with the Building Code of Australia in respect of the balcony/desk and awning structures, and the proposed privacy screes as identified in par 3(a) below (such report to be prepared by an A1 accredited certifier);

3. A colours and materials schedule in respect of the balcony/desk and awning structures to ensure consistency with the colours, fabric and materials of the existing dwelling house;

3. The Applicant is to carry out the following works before 8 December 2017:

1. Erect solid privacy screens on both the eastern and western sides of the balcony/deck with a minimum height of 1.5 metres;

2. Any work recommended to be carried out by the engineer to enable the issue of the certificate in par 2(2)(a) above;

3. Any work recommended to be carried out by the certifier to achieve compliance with the Building Code of Australia in accordance with par 2 (2)(a) above;

4. Painting of colours and installation of materials as approved by the Respondent upon receipt of the colours and materials schedule in accordance with par 2(2)(c) above;

4. If the reports and certificated identified in par 2 (2) above are not provided by, and if the works detailed in par 2 (3) above are not carried out before, 8 December 2017 the appeal is dismissed.

……………………….

Commissioner Chilcott

Annexure A (459 KB, pdf)

Decision last updated: 27 September 2017