A & A Australian Investments Pty Ltd v City of Parramatta Council [2023] NSWLEC 1464

Land and Environment Court New South Wales

Medium Neutral Citation: A & A Australian Investments Pty Ltd v City of Parramatta Council [2023] NSWLEC 1464 Hearing dates: Conciliation Conference 31 May 2023, 11 and 24 July 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Building Information Certificate BC/42/2020 remains in force. (3) The applicant is to carry out the works set out in Annexure A by 28 October 2023. (4) Upon the applicant finalising the works set out in Annexure A to the satisfaction of the respondent, pursuant to section 8.25(3) of the Environmental Planning and Assessment Act 1979, the respondent is directed to issue a building information certificate in respect of the unauthorised works undertaken at 18 Burke Street, Telopea, identified in Annexure A, including the: (a) installation of privacy screens, (b) construction of a pergola, and (c) construction of decks and seats at the rear and side of the property. (5) In the event that compliance with Order 3 is not achieved within 14 days of the date specified, the respondent has liberty to apply to the Court to restore the proceedings to the list. The proceedings are to be relisted 7 days following any such application. Catchwords: APPEAL – Building Information Certificate – action required before Building Information Certificate can be issued – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.25, 6.26, 8.25 Land and Environment Court Act 1979, ss 17, 34 Parramatta Local Environmental Plan 2011 Parramatta Local Environmental Plan 2023 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cl 2.6 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: A & A Australian Investments Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) B Stephen (Solicitor) (Respondent)