North Sydney v O'Hara [2000] NSWLEC 281

Land and Environment Court of New South Wales

CITATION : North Sydney v O'Hara [2000] NSWLEC 281 APPLICANT North Sydney PARTIES : RESPONDENT O'Hara FILE NUMBER(S) : 40119 of of 1999 CORAM: Cowdroy J KEY ISSUES: Orders :- enforcement - procedure to facilitate resolution of council's order LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 20/12/00 EX TEMPORE 12/20/2000 JUDGMENT DATE :

APPLICANT Mr P Clay (Barrister)

SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Ms L O'Hara

SOLICITORS n/a

JUDGMENT:

IN THE LAND AND MATTER No. 40119 of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 20/12/00

North Sydney Council Applicant v Louise O'Hara Respondent JUDGMENT

1. In this matter by notice of motion filed on 27 October 2000 Ms O'Hara seeks various orders including an order that the orders made on 24 October 2000 be rescinded.

2. As a result of discussions this morning between Ms O'Hara and the council a resolution has been reached which is acceptable to both parties. The resolution relates to the steps to be taken for the tiles to be affixed to Ms O'Hara's residence and also the necessary certification steps which are to take place prior thereto.

3. The council has agreed to provide Ms O'Hara with a list of structural engineers which are known to it. The council is prepared to agree to Ms O'Hara selecting the name of any structural engineer on the council's list and if Ms O'Hara finds that those are either unacceptable or unavailable Ms O'Hara will nominate the structural engineer of her choice. Such choice is to be communicated to Ms Jago, solicitor for the council, to confirm that any certificate issued by the nominee of Ms O'Hara is acceptable to council.