Back Up the Truck Property Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1615

Land and Environment Court New South Wales

Medium Neutral Citation: Back Up the Truck Property Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1615 Hearing dates: Conciliation Conference 4 July, 15 and 29 August 2023 Date of orders: 18 October 2023 Decision date: 18 October 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (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 paved courtyard extension within the carpark at 90 March Street, Richmond (Lot 1 in Deposited Plan 85005 and Lot 2 in Deposited Plan 854124), being the works the subject of building information certificate application BC/0018/22, within 7 days of these orders being made by the Court. Catchwords: APPEAL – building information certificate –conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 6.23, 8.25, Hawkesbury Local Environmental Plan 2012 Land and Environment Court Act 1979, ss 17, 34 Cases Cited: Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd (2018) 98 NSWLR 439; [2018] NSWCA 240 Category: Principal judgment Parties: Back Up the Truck Property Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: J Reid (Applicant) P Hudson (Solicitor) (Respondent)

Solicitors: Thomson Geer (Applicant) Marsdens Law Group (Respondent) File Number(s): 23/31156 Publication restriction: No