Williams v Blacktown City Council [2020] NSWLEC 1080

Land and Environment Court New South Wales

Medium Neutral Citation: Williams v Blacktown City Council [2020] NSWLEC 1080 Hearing dates: Conciliation conference on 16 December 2019; 21 January 2020; 31 January 2020; 12 February 2020 Date of orders: 26 February 2020 Decision date: 26 February 2020 Jurisdiction: Class 1 Before: Maston AC Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the following plans and additional documentation: (a) BCA Report prepared by Technical Inner Sight dated 14 January 2020 (b) Partial Topographical Survey Plan prepared by ATS Land & Engineering Surveyors Pty Ltd dated 19 March 2019 (c) Structural Engineering Certification prepared by Astroc Structural Engineering dated 14 May 2019 (d) Town Planning Review prepared by Andrew Martin Planning dated May 2019 (e) Structural Engineering Certification prepared by Vann Boma dated 6 February 2020. (2) The appeal is upheld. (3) Each party is to pay their own costs of the proceedings. (4) The Applicant is to serve upon the Respondent a survey plan with dimensions and distances from the boundaries of the deck and pergola within 14 days. (5) The Respondent is directed to issue a Building Information Certificate within 7 days of satisfaction of Order (4) above for the deck and pergola to the rear and sides of the dwelling at 80 The Ponds Boulevard, The Ponds, as depicted on the plan referred to in Order (4) above. For clarity, it is noted that the Building Information Certificate to be issued will not relate to the pool erected in the rear yard of the property at 80 The Ponds Boulevard, The Ponds. Catchwords: BUILDING INFORMATION CERTIFICATE – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: John Williams (First Applicant) Anne-Marie Williams (Second Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicants) P Hudson (Solicitor) (Respondent)