Willis v Ku-ring-gai Council

[2009] NSWLEC 1084

NEW SOUTH WALES LAND AND ENVIRONMENT COURT

CITATION:
Willis v Ku-ring-gai Council [2009] NSWLEC 1084
This decision has been amended. Please see the end of the judgment for a list of the amendments.

PARTIES:
APPLICANT
Ken Willis

RESPONDENT
Ku-ring-gai Council

FILE NUMBER(S):
11252 of 2008

CATCHWORDS:
Appeal :- application for a building certificate associated with a redundant laundry area and adjoining rooms

LEGISLATION CITED:
Environmental Planning and Assessment Act 1979

CORAM:
Bly C

DATES OF HEARING:
23/02/2009, 05/03/2009, 13/03/2009 and17/03/2009

JUDGMENT DATE:
17 March 2009

LEGAL REPRESENTATIVES

APPLICANT
Mr K. Willis, litigant in person

RESPONDENT
Ms L. Finn, solicitor
of HWL Ebsworth Lawyers

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

17 March 2009

11252 of 2008    Ken Willis v Ku-ring-gai Council

JUDGMENT

1. This appeal involves an application under s149D of the Enviromental Planning and Assessment Act 1979 for a building certificate associated with a redundant laundry area and adjoining rooms on level 2 of the residential flat building at 696 Pacific Highway, Killara.

1. Works have been carried out in these rooms creating a bathroom, storeroom and hallway linking with residential unit 2.

1. On 27 November 2008 the council refused the application because insufficient information had been provided, mainly in relation to waterproofing, moisture penetration and structural adequacy.

1. The Council has now agreed to the issue of a certificate subject to the provision of an appropriate retaining wall to support the storeroom's external wall and the provision of evidence to confirm the structural integrity of the already completed works.

5           The parties have now reached agreement as to the terms of an order to resolve this matter and, having inspected the property I am satisfied as to the appropriateness of the proposed orders.

Orders

1. The orders of the Court are, by consent:

   1.     The appeal is allowed.

   2.     The respondent is directed to issue a building certificate subject to:

   (a)   the external wall of the store room must be strengthened to act as a retaining wall in accordance with sketch 09018SK2 which is annexed hereto and marked ‘A’.

   (b)   the submission of an structural engineer’s certificate upon completion of the works referred to in 2(a) above certifying that the works have been satisfactorily completed.

   3.     Exhibit 9 is retained.

   ________________________
   T A Bly
   Commissioner of the Court

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AMENDMENTS:

02/04/2009 - Wrong Act placed on coversheet, amendment to 1st paragraph. - Paragraph(s) Coversheet, paragraph 1