NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Demian v Willoughby City Council [2017] NSWLEC 1721 Hearing dates: 14 December 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Appeal is upheld. (2) Pursuant to section 149F(3) of the Environmental Planning and Assessment Act 1979, the Court directs the respondent to issue a building certificate in the form annexed and marked A, upon the satisfaction of the respondent that the requirements of the Building Code of Australia have been met with respect to the front steps of the subject property at 20 Weemala Road, Northbridge. Catchwords: APPEAL – building certificate application – works contrary to development consent – privacy – BCA – setbacks – streetscape compatibility – landscaping - agreement as to works required to be carried out to resolve remaining issues – work carried out – final orders by consent Legislation Cited: Environmental Planning and Assessment Act 1979, s149F Land and Environment Court Act 1979, s 34 Roads Act 1993 Cases Cited: Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 Category: Principal judgment Parties: George Demian (Applicant) Willoughby City Council (Respondent) Representation: Counsel: Mr A Whealy, Solicitor (Applicant) Mr T Messenger, Solicitor (Respondent)
Solicitors: Mills Oakley (Applicant) HWL Ebsworth (Respondent) File Number(s): 2016/374201 Publication restriction: No
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