Habib v Burwood Council [2022] NSWLEC 1554

Land and Environment Court New South Wales

Medium Neutral Citation: Habib v Burwood Council [2022] NSWLEC 1554 Hearing dates: Conciliation conference on 10 October 2022 Date of orders: 10 October 2022 Decision date: 10 October 2022 Jurisdiction: Class 1 Before: Washington AC Decision: Proceedings 2022/150918 The Court orders: (1) The appeal is upheld. (2) The Respondent is to issue, within 7 days of the making of this order, a Building Information Certificate in respect of application no. E22/7720 for the property at 20 Seymour Street, Croydon Park. Proceedings 2022/150919 The Court orders: (1) The appeal is upheld. (2) Development application 2022.6.1, as amended, for the demolition of part of the existing pergola at 20 Seymour Street, Croydon Park, and for use of remaining parts of the said pergola, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: BUILDING INFORMATION CERTIFICATE – conciliation conference – agreement between the parties – orders DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Burwood Local Environmental Plan 2012 cll 4.3, 6.1 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.25 Environmental Planning and Assessment Regulations 2000 Environmental Planning and Assessment Regulations 2021 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Texts Cited: Burwood Council Development Control Plan 2013 Category: Principal judgment Parties: Elbadoui Aziz Habib (Applicant) Burwood Council (Respondent) Representation: Counsel: C Ters (Solicitor) (Applicant) S Shneider (Solicitor) (Respondent)