Garbourg v Ku-ring-gai Council [2023] NSWLEC 1631

Land and Environment Court New South Wales

Medium Neutral Citation: Garbourg v Ku-ring-gai Council [2023] NSWLEC 1631 Hearing dates: Conciliation Conference on 12 October 2023 Date of orders: 25 October 2023 Decision date: 25 October 2023 Jurisdiction: Class 1 Before: Walsh C Decision: In proceedings 2023/135865, the Court orders: (1) The appeal is upheld. (2) Development consent DA-139/20 granted by Ku-ring-gai Council on 22 October 2020, and as modified on 12 January 2021, is further modified in the terms in Annexure A. (3) Development consent DA-139/20 as modified by the Court is Annexure B. In proceedings 2023/227271, the Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.25(3) of the Environmental Planning and Assessment Act 1979, the Respondent is directed to issue a building information certificate in relation to the works shown in blue on the plans prepared by PopovBass which form part of the Building Information Certificate Application No. eBCU0028/22 and are identified in Annexure C, with the exception of: (a) The garage door shown on plan 0566-BIC03, revision 01 and 0566-BIC11, revision 01; and (b) The internal door opening to the area labelled "home office" on plan 0566-BIC03, revision 01. (3) The Building Information Certificate referred to in Order (2) directly above, shall be issued by the Respondent within 14 days of the date of these orders. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 6.25, 6.26, 8.9, 8.25 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, ss 34, 34AA Cases Cited: Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: The Australian Building Codes Board, National Construction Code Volume Two Amendment, 2019 Category: Principal judgment Parties: Ran Garbourg (Applicant) Ku-Ring-Gai Council (Respondent) Representation: Counsel: J Reid (Applicant) C Rose (Solicitor) (Respondent)