Vurmeski v Bayside Council; Vurmeski v Bayside Council [2023] NSWLEC 1673

Land and Environment Court New South Wales

Medium Neutral Citation: Vurmeski v Bayside Council; Vurmeski v Bayside Council [2023] NSWLEC 1673 Hearing dates: Conciliation Conference 23 October 2023 Date of orders: 15 November 2023 Decision date: 15 November 2023 Jurisdiction: Class 1 Before: Targett AC Decision: Proceedings 2022/335821 The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979, General Order No 2 Stop Works Order issued by Bayside Council pursuant to s 9.34(1) Schedule 5 Part 1 of the Environmental Planning and Assessment Act 1979 dated 12 October 2022 is revoked. Proceedings 2023/39160 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 directed to issue a building information certificate for the building/walls the subject of building information certificate number BC-022/66, being an application to regularise new brick walls to replace structurally unstable existing walls at Lot 334 in Deposited Plan 11398, known as 34 Hollywood Street, Monterey NSW 2217 as indicated on the plans accompanying the said application, within 28 days of the date of these orders. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE - conciliation conference – agreement between the parties – orders Legislation Cited: Bayside Local Environmental Plan 2021 Environmental Planning and Assessment Act 1979, ss 6.22, 6.23, 8.10, 8.11, 8.18, 8.25, 9.34, Sch 5 Pt 1 Land and Environment Court Act 1979, ss 17, 34 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 cll 3.10, 3.11 Texts Cited: Rockdale Development Control Plan 2011 Category: Principal judgment Parties: Proceedings 2022/335821 Boris Vurmeski (First Applicant) Aleksander Vurmeski (Second Applicant) Bayside Council (Respondent)