Chami v Lane Cove Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Chami v Lane Cove Council [2015] NSWLEC 1003 Hearing dates:14, 15, 18, 20 - 22 August; 14 and 15 October; 14, 19 - 21 November (written submissions in reply – 24 November)Decision date: 23 January 2015 Jurisdiction:Class 1Before: Moore SC Decision: Findings to set out a schedule of works (Schedule 1) that are necessary to be undertaken prior to any issuing of a building certificate. The matter is adjourned until 27 July 2015 to permit the applicant to give effect to Schedule 1 to this decision. Directions are set out at the conclusion of the reasons for decision to provide an appropriate procedural regime to be followed to permit finalisation of this matter at a resumed hearing commencing on 27 July 2015. Catchwords: BUILDING CERTIFICATE: process for determining appeal; works required to render issuing a certificate appropriate DEVELOPMENT MERITS: structural adequacy; amenity impacts on neighbouring property – overlooking, overshadowing, acoustic impact; bulk and scale REMEDIES: reasonableness; proportionality PRACTICE AND PROCEDURE: representation by an agent Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Evidence Act 1995 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Lane Cove Local Environmental Plan 1988 Lane Cove Local Environmental Plan 2009 Lane Cove Development Control Plan 1988 Lane Cove Development Control Plan 2009 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Uniform Civil Procedure Rules 2005 Cases Cited: Associated Provincial Picture Houses Ltd v...