Wollongong City Council v. Masood Falamaki [1998] NSWLEC 130

Land and Environment Court of New South Wales

CITATION : Wollongong City Council v. Masood Falamaki [1998] NSWLEC 130 APPLICANT Wollongong City Council PARTIES : RESPONDENT Masood Falamaki FILE NUMBER(S) : 40091 of 1997 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: Ziade v Woollahra Council & Anor unreported CA40457/93 28 April 1994 at p 6 DATES OF HEARING: 1-5/06/98 DATE OF JUDGMENT: 06/19/1998

APPLICANT Mr C W McEwen (Barrister) Peedom Brodie & Ward Solicitors LEGAL REPRESENTATIVES: RESPONDENT In Person

JUDGMENT: The respondent is the owner of a property known as 12 Arter Avenue, Fig Tree within the area of the applicant council. Dr Falamaki is an engineer by profession and he appeared without legal representation.

The council is the statutory authority responsible for administration of the Local Government Act 1993 within its area.

On 8 December 1995 the council issued an approval to the erection of a three storey dwelling house on the respondent's land subject to conditions. The application for approval was supported by a report by Coffey Partners dated 30 October 1995.

Conditions 6 and 7 of the building approval are in the following terms:-

6 All proposed building works must comply with the recommendations of the geotechnical engineer's report No SCL 5000/1-65 dated 30 October 1995.

7 Before construction is commenced, plans and specifications prepared and endorsed by a suitably qualified and approved structural engineer shall be submitted to, and approved by Council for all reinforced concrete floor slabs, the footings of the proposed structure, the proposed retaining walls, the proposed works required to stabilise the rock and excavation and all structural steelwork.