Daoud v Georges River Council [2022] NSWLEC 1067

Land and Environment Court New South Wales

Medium Neutral Citation: Daoud v Georges River Council [2022] NSWLEC 1067 Hearing dates: Conciliation conference on 1 December 2021 and 4 February 2022 Date of orders: 14 February 2022 Decision date: 14 February 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders that: (1) The appeal is upheld. (2) The Respondent is directed to issue a Building Information Certificate No. 149D2021/0037 with respect to the blockwork and masonry walls located on the side and rear boundaries of the land at Lot 15, Section 50, Deposited Plan 5023, known as 23 Louisa Street, Oatley NSW 2223, subject to, and conditional upon, compliance with the conditions set out in Annexure A. Catchwords: BUILDING INFORMATION CERTIFICATE – unauthorised boundary walls – encroachment – height control – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.5, 6.22, 6.23, 6.24, 6.25, 6.26, 8.25, Pt 1, Div 9.3, Sch 5 Environmental Planning and Assessment Regulation 2000, cll 280, 293 Georges River Local Environment Plan 2021, cl 1.8A Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979, ss 17, 34, 39 Local Government Act 1993, Swimming Pools Act 1992 Swimming Pools Regulation 2018 Texts Cited: Building Code of Australia Kogarah Development Control Plan 2013 Category: Principal judgment Parties: Robert Daoud (Applicant) Georges River Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Wilson (Solicitor) (Respondent)