Habibeh v Blacktown City Council [2022] NSWLEC 1651

Land and Environment Court New South Wales

Medium Neutral Citation: Habibeh v Blacktown City Council [2022] NSWLEC 1651 Hearing dates: Conciliation conference on 5 October 2022 Date of orders: 24 November 2022 Decision date: 24 November 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to section 8.25(3) of the Environmental Planning and Assessment Act 1979, the Respondent is directed to issue to the Applicants a Building Information Certificate for application no. BC-22-00021 dated 19 April 2022 within 14 days of the satisfaction of the following terms and conditions: (a) Revocation of demolition order dated 22 April 2022 issued by the Respondent to the Applicants; and (b) Compliance with Development Control Order issued by the Respondent to the Applicants dated 27 October 2022. (3) In the event that the Council has not issued a Building Information Certificate within 21 days of satisfaction of both (2)(a) and (2)(b), the Applicants have liberty to apply to the Court by way of notice of motion to restore the matter to the list. Catchwords: APPEAL – development works order – Building Information Certificate – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, Div 9.3, s 8.25, Pt 1 Sch 5 Land and Environment Court Act 1979 s 34 Category: Principal judgment Parties: Carlos Habibeh and Rita Habibeh (Applicants) Blacktown City Council (Respondent) Representation: Counsel: J Reid (Applicant) S Simington (Solicitor)(Respondent)