Brahmbhatt v City of Sydney Council [2024] NSWLEC 1743

Land and Environment Court New South Wales

Medium Neutral Citation: Brahmbhatt v City of Sydney Council [2024] NSWLEC 1743 Hearing dates: Conciliation Conference 9 August, 4 September 2024 Date of orders: 20 November 2024 Decision date: 20 November 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The Appeal is upheld; (2) The Respondent is directed to issue Building Information Certificate No. 2022/102 for the unapproved extension of an existing bedroom and addition of awning at 510 Cleveland Street, Surry Hills NSW within 28 days of the Applicants complying with the Modified Order at Annexure A to remove the wall mounting air conditioning unit and remaining lattice screen, remove the balustrade and installing the new palisade screen in accordance with the Local Heritage Exemption at Annexure B granted by the Council. (3) Each party pays its own costs of the proceedings. Catchwords: APPEAL – Building Information Certificate – removal of unapproved building items - local heritage exemption granted - conciliation conference - agreement between the parties – building compliance matter - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.2, 6.3, 6.25, 8.25 Land and Environment Court Act 1979, ss 17, 34, 39 State Environmental Planning Policy (Housing) 2021, s 67 Sydney Local Environmental Plan 2012, Pt 2, 4.4, 5.10, Sch 5 Texts Cited: Sydney Development Control Plan Building Code of Australia Category: Principal judgment Parties: Rajesh Brahmbhatt (Applicant) Sheela Brahmbhatt (Second Applicant) City of Sydney Council (Respondent) Representation: Counsel: S Miller (solicitor) (Applicant) A Simpson (solicitor) (Respondent)