Jurd v Northern Beaches Council [2023] NSWLEC 1513

Land and Environment Court New South Wales

Medium Neutral Citation: Jurd v Northern Beaches Council [2023] NSWLEC 1513 Hearing dates: Conciliation Conference 14 August 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Jurisdiction: Class 1 Before: Byrne AC 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 Northern Beaches Council is directed to issue a Building Information Certificate in respect of Building Information Certificate Application No BC/2022/0017 for the enclosure of the carport structure at 5 Elvina Avenue, Avalon Beach as shown on the following plans: (a) Landscape Plans 1-3 reference 2567/23 prepared by Paul Scrivener Landscape, issue C dated 18 August 2023, marked Annexure A. (b) Building Certificate Plans reference RES 129 prepared by Nvisage, revision A-1 dated 28 December 2021, marked Annexure B. Catchwords: MISCELLANEOUS APPEAL – Building Information Certificate – garage at front of dwelling house – 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 Texts Cited: Pittwater 21 Development Control Plan Category: Principal judgment Parties: Cameron Jurd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)