Williams v Blacktown City Council

[2020] NSWLEC 1080

Land and Environment Court

New South Wales

Medium Neutral Citation:	Williams v Blacktown City Council [2020] NSWLEC 1080
Hearing dates:	Conciliation conference on 16 December 2019; 21 January 2020; 31 January 2020; 12 February 2020
Date of orders:	26 February 2020
Decision date:	26 February 2020
Jurisdiction:	Class 1
Before:	Maston AC
Decision:	The Court orders that: (1)   The Applicant is granted leave to rely upon the following plans and additional documentation: (a)   BCA Report prepared by Technical Inner Sight dated 14 January 2020 (b)   Partial Topographical Survey Plan prepared by ATS Land & Engineering Surveyors Pty Ltd dated 19 March 2019 (c)   Structural Engineering Certification prepared by Astroc Structural Engineering dated 14 May 2019 (d)   Town Planning Review prepared by Andrew Martin Planning dated May 2019 (e)   Structural Engineering Certification prepared by Vann Boma dated 6 February 2020. (2)   The appeal is upheld. (3)   Each party is to pay their own costs of the proceedings. (4)   The Applicant is to serve upon the Respondent a survey plan with dimensions and distances from the boundaries of the deck and pergola within 14 days. (5)   The Respondent is directed to issue a Building Information Certificate within 7 days of satisfaction of Order (4) above for the deck and pergola to the rear and sides of the dwelling at 80 The Ponds Boulevard, The Ponds, as depicted on the plan referred to in Order (4) above. For clarity, it is noted that the Building Information Certificate to be issued will not relate to the pool erected in the rear yard of the property at 80 The Ponds Boulevard, The Ponds.
Catchwords:	BUILDING INFORMATION CERTIFICATE – conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	John Williams (First Applicant) Anne-Marie Williams (Second Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: A Knox (Solicitor) (Applicants) P Hudson (Solicitor) (Respondent)   Solicitors: Pikes & Verekers Lawyers (Applicants) Marsdens Law Group (Respondent)
File Number(s):	2019/139100
Publication restriction:	No

Judgment

1. COMMISSIONER: These Class 1 proceedings have been brought pursuant to s 8.25 of the Environmental Planning and Assessment Act 1979 (the Act), by way of appeal by the Applicant from the failure or refusal of the Respondent to issue a Building Information Certificate with respect to works carried out by the Applicant to the property known as 80 The Ponds Boulevard, the Ponds being Lot 2107 DP 1119680 (the land).

2. The specific statutory power or function to be exercised in determining the proceedings is the Court’s power pursuant to s 8.25(3) of the Act to direct the Respondent to issue a Building Information Certificate in such terms and on such conditions as the Court thinks fit with respect to the deck and pergola to the rear and sides of the dwelling erected on the land.

3. 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 16 December 2019, 21 and 31 January 2020 and 12 February 2020. I presided over the conciliation conferences.

4. After the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and directing the Respondent to issue a Building Information Certificate subject to conditions.

5. I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

6. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

7. The Court orders that:

1. The Applicant is granted leave to rely upon the following plans and additional documentation:

1. BCA Report prepared by Technical Inner Sight dated 14 January 2020

2. Partial Topographical Survey Plan prepared by ATS Land & Engineering Surveyors Pty Ltd dated 19 March 2019

3. Structural Engineering Certification prepared by Astroc Structural Engineering dated 14 May 2019

4. Town Planning Review prepared by Andrew Martin Planning dated May 2019

5. Structural Engineering Certification prepared by Vann Boma dated 6 February 2020.

2. The appeal is upheld.

3. Each party is to pay their own costs of the proceedings.

4. The Applicant is to serve upon the Respondent a survey plan with dimensions and distances from the boundaries of the deck and pergola within 14 days.

5. The Respondent is directed to issue a Building Information Certificate within 7 days of satisfaction of Order (4) above for the deck and pergola to the rear and sides of the dwelling at 80 The Ponds Boulevard, The Ponds, as depicted on the plan referred to in Order (4) above. For clarity, it is noted that the Building Information Certificate to be issued will not relate to the pool erected in the rear yard of the property at 80 The Ponds Boulevard, The Ponds.

……………………

J Maston

Acting Commissioner of the Court

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Decision last updated: 26 February 2020