Master Alchemy Pty Ltd v Byron Shire Council and Anor [2021] NSWLEC 1311

Land and Environment Court New South Wales

Medium Neutral Citation: Master Alchemy Pty Ltd v Byron Shire Council and Anor [2021] NSWLEC 1311 Hearing dates: Conciliation conference on 20 May 2021 Date of orders: 1 June 2021 Decision date: 01 June 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The Applicant is to provide to the First Respondent a copy of the following plans and information setting out the works the subject of these proceedings as executed by 30 September 2021: (a) Updated structural engineer's certification of the remaining retaining walls and access stair; (b) Certification from a suitably qualified person (building consultant) addressing P2.5.1 of the Building Code of Australia; (c) Updated survey showing the structures after the works have been completed; and (d) Updated structural engineering plans showing the remaining structures. (2) The appeal is upheld. (3) Pursuant to s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979, the First Respondent is directed to issue a building certificate to the Applicant, if the Respondent is satisfied that the works identified in the plans referred to in Order (1) have been carried out in accordance with the plans, within 28 days of receiving the information. (4) Liberty to apply on 48 hours' notice is granted to the parties if more time is required or an issue arises between the parties; and (5) Each party is to pay its own costs of the appeal. Catchwords: BUILDING CERTIFICATE APPLICATION – jetty structure partly on Crown Land – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.25 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Master Alchemy Pty Ltd (Applicant) Byron Shire Council (First Respondent) Minister for Water, Property and Housing (Second Respondent) Representation: Counsel: R McCann (Solicitor) (Applicant) C Rose (Solicitor) (First Respondent)