Chami v Lane Cove Council (No 4)

Land and Environment Court New South Wales Medium Neutral Citation: Chami v Lane Cove Council (No 4) [2015] NSWLEC 176 Hearing dates:23 October 2015Date of orders: 11 November 2015 Decision date: 11 November 2015 Jurisdiction:Class 1Before: Moore AJ Decision: See orders at [53] Catchwords: BUILDING CERTIFICATE – works to render development acceptable in the streetscape – works carried out – certificate to be issued. BUILDING CERTIFICATE – no waterproofing certificate for powder room – certificate mandated by Building Code of Australia – element excluded from building certificate. COSTS – costs of reopening application – power to order specified gross sum costs – specified gross sum costs ordered for reopening proceedings. COSTS – costs of principal proceedings – no costs orders unless “fair and reasonable” in merit matters – costs reserved but if no application made within 28 days, no order for costs. Legislation Cited: Civil Procedure Act 2005 ss 56, 98(4)(c) Environmental Planning and Assessment Act 1979 s 149F Land and Environment Court Rules 2007 r 3.7 Cases Cited: Chami v Lane Cove Council [2015] NSWLEC 1003 Chami v Lane Cove Council (No 2) [2015] NSWLEC 1206 Chami v Lane Cove Council (No 3) [2015] NSWLEC 144 Grant v Kiama Municipal Council [2006] NSWLEC 70 Category:Principal judgmentParties: 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 2014ContentsJudgmentIntroductionFurther steps required from Chami No 3Final site inspectionCosts of application to reopenConclusion...