Chan v The Council of the City of Sydney [2023] NSWLEC 1548

Land and Environment Court New South Wales

Medium Neutral Citation: Chan v The Council of the City of Sydney [2023] NSWLEC 1548 Hearing dates: Conciliation conference on 21 July, 14 September 2023 Date of orders: 21 September 2023 Decision date: 21 September 2023 Jurisdiction: Class 1 Before: Gray C 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 Applicant a Building Information Certificate for application no. BC/2023/34 dated 3 March 2023 within 28 days of the receipt of appropriate building work plans from the Applicant documenting the as-built building work the subject of BC/2023/34. (3) In the event that the Respondent has not issued a building information certificate within 21 days of satisfaction of (2), the Applicant has liberty to apply to the Court by way of Notice of Motion to restore the matter to the list. Catchwords: APPEAL – building information certificate – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.25 Land and Environment Court Act 1979, s 34 Cases Cited: Phillips v Walsh (1990) 20 NSWLR 206 Category: Principal judgment Parties: Annie Chan (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: G Hayek (Solicitor) (Applicant) A Stipcevic (Solicitor) (Respondent)

Solicitors: Harrington Lawyers (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 2023/00140617 Publication restriction: Nil