Alamein & Anor v Pittwater Council [2012] NSWLEC 1194

Land and Environment Court New South Wales

Medium Neutral Citation: Alamein & Anor v Pittwater Council [2012] NSWLEC 1194 Hearing dates: 19-20 July 2012 Decision date: 20 July 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeals upheld in part Catchwords: Consent Orders, Unauthorised excavation, Orders, Building Certificate. Legislation Cited: Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Talal Alamein Haneid Alamein (Applicants)

Pittwater Council (Respondent) Representation: Counsel Ms L Byrne (Applicant)

Mr A Pickles (Respondent) Solicitors Mr D Loether Bartier Perry (Applicant)

Ms R Dawes King & Wood Mallesons (Respondent) File Number(s): 10411 of 2012 10412 of 2012 10413 of 2012 10528 of 2012

Judgment 1This judgment concerns four appeals, all of which relate to two adjoining allotments. 2Appeal 10411 of 2012 is against the Order Number 19 under Section 121B of the Environmental Planning and Assessment Act 1979 issued by Pittwater Council to Haneid Alamein on 4 April 2012. That Order applies to No 37 Seaview Avenue, Newport and requires the cessation of all building works on that land. 3Appeal 10412 of 2012 is an appeal against Order 19 issued to Talal Alamein on 17 April 2012, which requires cessation of all building works on No 35 Seaview Avenue, Newport. 4Appeal 10413 of 2012 is an appeal again the deemed refusal by the council of a building certificate application lodged with Pittwater Council on 5 March 2012 in relation to building works at No 35 Seaview Avenue, Newport. 5Appeal 10528 of 2012 is an appeal against the deemed refusal of a building certificate application for No 37 Seaview Avenue lodged with the council on 10 April 2012. 6The parties agree that the matters be heard together and the evidence in one proceeding is to be regarded as evidence in the other proceedings where applicable however, different circumstances apply to each site and require separate evidence and consideration by the Court. 7As a result of that evidence and without prejudice offers on behalf of the applicants to carry out certain works, the parties are now seeking consent orders from the Court.