Valoth & anor v Parramatta City Council [2011] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Valoth & anor v Parramatta City Council [2011] NSWLEC 1184 Hearing dates: 22 June and 6 July 2011 Decision date: 06 July 2011 Jurisdiction: Class 1 Before: Moore SC Decision: 1.The appeal is upheld; 2.The respondent is to provide to the applicant, within 28 days of the date of these orders, a list of the registered proprietors of the upstream properties benefited by the easement for drainage and the address that the council has for each of those registered proprietors for the purposes of correspondence with them; 3.The respondent is directed to issue a building certificate for the whole of the dwelling erected on the applicants' property at the same time that the list in (2) is provided to the applicant; 4.Within 28 days of the receipt of the building certificate and the list of names and addresses of the registered proprietors of the upstream benefited properties, the applicant is to send a letter to each of those registered proprietors (but where two or more of them share the same name and address only one letter is required for those proprietors) that encloses a copy of these reasons for decision; 5.Within 14 days of the dispatch of those letters to the upstream beneficiaries of the easement, the applicant is to file and serve an affidavit establishing compliance with (4); and 6.The exhibits, other than Exhibits 2, A and C, are returned . Catchwords: Building certificate application; intrusion into an easement; structural adequacy; notification to beneficiaries of easement of granting of building certificate. Legislation Cited: Land Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: R & S Valoth (Applicants) Parramatta City Council (Respondent) Representation: Mr H Robilliard Robilliard Lawyers (Applicants) Ms C Rose Maddocks (Respondent) File Number(s): 10309 of 2011