Aoun v Penrith City Council [2024] NSWLEC 1562

Land and Environment Court New South Wales

Medium Neutral Citation: Aoun v Penrith City Council [2024] NSWLEC 1562 Hearing dates: Conciliation Conference 3 July, 31 July, 19 August 2024 Date of orders: 12 September 2024 Decision date: 12 September 2024 Jurisdiction: Class 1 Before: Targett C Decision: Proceedings 2023/426102 The Court orders that: (1) The appeal is upheld. (2) The Development Control Order issued by the respondent to the applicant on 31 October 2023 under Schedule 5 of the Environmental Planning and Assessment Act 1979 (Act) is, pursuant to s 8.18(4)(c) of the Act, substituted with the Development Control Order at Annexure A. Proceedings 2023/461450 The Court orders that: (1) The appeal is upheld. (2) The Court directs the respondent to issue, within 14 days of the making of this order, a Building Information Certificate for the property at 8 Kunipipi Street, St Clair NSW 2759 for the following works only: a. inground swimming pool and swimming pool barrier; and b. carport attached to the dwelling, as highlighted in pink on the plan at Annexure B. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE – conciliation conference – agreement between the parties – orders Legislation Cited: Civil Procedure Act 2005, s 26 Environmental Planning and Assessment Act 1979, Sch 5, Pt 1, ss 8.10, 8.11, 8.18, 8.25, 9.34 Land and Environment Court Act 1979, ss 17, 34 Penrith Local Environmental Plan 2010 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Texts Cited: Australian Building Codes Board, Housing Provisions Standard 2022 National Construction Code, Building Code of Australia Volume Two 2022 Category: Principal judgment Parties: Youssef Aoun (Applicant) Penrith City Council (Respondent) Representation: Counsel: C Ters (Solicitor) (Applicant) B Koyts (Solicitor) (Respondent)