Chami v Lane Cove Council (No 3) [2015] NSWLEC 144

Land and Environment Court New South Wales

Medium Neutral Citation: Chami v Lane Cove Council (No 3) [2015] NSWLEC 144 Hearing dates: 31 August and 1 September 2015 Decision date: 03 September 2015 Jurisdiction: Class 1 Before: Moore AJ Decision: See directions at [131] Catchwords: BUILDING CERTIFICATE APPLICATION – completion of required works – compliance with Building Code of Australia – structural engineering – costs Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Rules 2007 Lane Cove Development Control Plan 2009 Uniform Civil Procedure Rules 2005 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Chami v Lane Cove Council [2015] NSWLEC 1003 Chami v Lane Cove Council (No 2) [2015] NSWLEC 1206 Grant v Kiama Municipal Council [2006] NSWLEC 70 Sutherland Shire Council v Sud [2015] NSWLEC 44 Category: Principal judgment Parties: Sarab Chami (Applicant) Lane Cove Council (Respondent) Representation: Counsel: Mr R Ross, agent (Applicant) Mr S Griffiths, solicitor (Respondent)

Solicitors: N/A (Applicant) Pikes and Verekers Lawyers (Respondent) File Number(s): 10398 of 2014

Contents Judgment Introduction The site inspection Conclusions to be drawn concerning compliance with the schedule of works The powder room on the lowest habitable level of the dwelling The lift well A possible building certificate application for a lift? Structural engineering evidence Resolution of the balcony/streetscape issue Orders to be attached to the building certificate Introduction A general prohibitory condition? The lift well Prohibiting a second kitchen Prohibiting multiple occupancy Parking in the northern passageway Use of the undercroft Enclosure of the undercroft Costs Introduction The first phase hearings The reopening phase Proposed costs order Conclusion The way forward Preparation of draft orders and building certificate Directions