Land and Environment Court of New South Wales CITATION : Willis v Ku-ring-gai Council [2009] NSWLEC 1084 This decision has been amended. Please see the end of the judgment for a list of the amendments. APPLICANT Ken Willis PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 11252 of 2008 CORAM: Bly C KEY ISSUES: APPEAL :- application for a building certificate associated with a redundant laundry area and adjoining rooms LEGISLATION CITED: Environmental Planning and Assessment Act 1979 DATES OF HEARING: 23/02/2009, 05/03/2009, 13/03/2009 and17/03/2009 DATE OF JUDGMENT: 17 March 2009 APPLICANT Mr K. Willis, litigant in person LEGAL REPRESENTATIVES: RESPONDENT Ms L. Finn, solicitor of HWL Ebsworth Lawyers JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Bly C 17 March 2009 11252 of 2008 Ken Willis v Ku-ring-gai Council JUDGMENT 1 This appeal involves an application under s149D of the Enviromental Planning and Assessment Act 1979 for a building certificate associated with a redundant laundry area and adjoining rooms on level 2 of the residential flat building at 696 Pacific Highway, Killara. 2 Works have been carried out in these rooms creating a bathroom, storeroom and hallway linking with residential unit 2. 3 On 27 November 2008 the council refused the application because insufficient information had been provided, mainly in relation to waterproofing, moisture penetration and structural adequacy. 4 The Council has now agreed to the issue of a certificate subject to the provision of an appropriate retaining wall to support the storeroom's external wall and the provision of evidence to confirm the structural integrity of the already completed works. 5 The parties have now reached agreement as to the terms of an order to resolve this matter and, having inspected the property I am satisfied as to the appropriateness of the proposed orders. Orders 6 The orders of the Court are, by consent: 1. The appeal is allowed. 2. The respondent is directed to issue a building certificate subject to: (a) the external wall of the store room must be strengthened to act as a retaining wall in accordance with sketch 09018SK2 which is annexed hereto and marked 'A'. (b) the submission of an structural engineer's certificate upon completion of the works referred to in 2(a) above certifying that the works have been satisfactorily completed. 3. Exhibit 9 is retained. ________________________ T A Bly Commissioner of the Court ljr 02/04/2009 - Wrong Act placed on coversheet, amendment to 1st paragraph. - Paragraph(s) Coversheet, paragraph 1 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.