Jakovljevic v The Hills Shire Council [2022] NSWLEC 1698

Land and Environment Court New South Wales

Medium Neutral Citation: Jakovljevic v The Hills Shire Council [2022] NSWLEC 1698 Hearing dates: Conciliation conference on 15 November 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979 the Respondent is ordered to issue a Building Information Certificate with respect to the unauthorised works comprising the staircase, mezzanine and enclosure to the northern portion of the shed at 2 Deborah Road, Annangrove (Lot 9 in DP247628) within 7 days of the date of these orders being made by the Court. Catchwords: BUILDING INFORMATION CERTIFICATE APPEAL – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.25 Land and Environment Court Act 1979, s 34 The Hills Local Environmental Plan 2019 Cases Cited: McAuley v Northern Region Joint Regional Planning Panel [2013] NSWLEC 125 Wollongong City Council v Vic Vellar Nominees Pty Ltd [2010] NSWLEC 266 Texts Cited: Australian Building Codes Board, Building Code of Australia Category: Principal judgment Parties: Josip Jakovljevic (First Applicant) Nicole Carmen Jakovljevic (Second Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) S Kondilios (Solicitor) (Respondent)