Kat v Waverley Council [2021] NSWLEC 1051

Land and Environment Court New South Wales

Medium Neutral Citation: Kat v Waverley Council [2021] NSWLEC 1051 Hearing dates: Conciliation conference on 21 July 2020, 3 September 2020, 15 October 2020, 4 November 2020 and 15 December 2020 Date of orders: 1 February 2021 Decision date: 01 February 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: See orders at [10] below Catchwords: APPEAL – building information certificate – conciliation conference – building erected without development consent and not in compliance with the Building Code of Australia – non-compliance with fire regulations – performance compliance with Deemed to Satisfy provisions of the Building Code of Australia – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Cases Cited: Abou-Anton v City of Ryde Council [2018] NSWLEC 1334 Chami v Lane Cove Council [2015] NSWLEC 1003 Itaoui v Wollongong City Council [2020] NSWLEC 1260 Kekatos v Ku-ring-gai Council [2020] NSWLEC 1548 Marion McDowell and Associates Pty Ltd v Georges River Council [2018] NSWLEC 1109 Vigor Master Pty Ltd v Hornsby Shire Council [2019] NSWLEC 1110 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Nic Kat (Applicant) Waverley Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) A Hudson (Solicitor) (Respondent)