Land and Environment Court New South Wales Medium Neutral Citation: Simeonov v Willoughby City Council [2018] NSWLEC 1643 Hearing dates: Conciliation conference on 10 December 2018 Date of orders: 12 December 2018 Decision date: 12 December 2018 Jurisdiction: Class 1 Before: Morris AC Decision: See orders at [9] below Catchwords: Building Information Certificate: conciliation conference; agreement between parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Irena Simeonov (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Staunton (Applicant) Solicitor: Swaab (Applicant) Other: B Gaal (Team Leader Certification), Willoughby City Council (Respondent) File Number(s): 2018/332867 Publication restriction: No Judgment 1. This is an appeal under s 8.25(1)(a) of the Environmental Planning and Assessment Act 1979 (EP&A Act) against Willoughby City Council's refusal to issue a building information certificate under Part 6 of that Act. 2. The applicant had sought a building information certificate seeking to authorise works carried out contrary to a development consent to the roof of one dual occupancy dwelling. These works involved the use of a box gutter which had the consequential effect of the finished roof levels of the dwelling being higher than the levels approved. 3. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 6 and 7 December 2018. I have presided over the conciliation conference. 4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The decision agreed upon is to uphold the appeal and require the council to issue a building certificate for the works the subject of the application. 5. The agreed Orders are consistent with the provisions of s 8.25(3)(a) of the EP&A Act. 6. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions, as required by s 34(3) of the LEC Act. 7. I have formed this state of satisfaction because I accept the position of the council's officer that the works do not adversely impact on adjoining properties in terms of view loss or overshadowing. 8. As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision. 9. The Court orders: 1. The appeal is upheld; 2. The respondent is directed to issue, within 7 days of the date of these orders, a building information certificate in respect of the box gutter and consequential increase in height of the southern dwelling addressing Ulric Lane (excluding NCC Volume 2 matters) at Lot 45 in DP8226E, being 78 Baroona Road, Northbridge as shown in the following Plans: 1. Roof Plan Ulric DA303, Issue B, dated 10 December 2018; and 2. Built Roof Plan A001, Issue A, dated 1 November 2018 copies of which are annexed and marked 'A' and 'B' respectively. ……………………….. Sue Morris Acting Commissioner of the Court Annexure A (663 KB, pdf) Annexure B (1.11 MB, pdf) ********** 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. Decision last updated: 12 December 2018