Riley-Lewis v Newcastle City Council

Land and Environment Court New South Wales Medium Neutral Citation: Riley-Lewis v Newcastle City Council [2016] NSWLEC 1100 Hearing dates:Conciliation conference on 10 February, 9 March 2016Date of orders: 14 March 2016 Decision date: 14 March 2016 Jurisdiction:Class 1Before: Brown C Decision: See (4) below Catchwords: BUILDING CERTIFICATE; existing pergola; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Shay Riley-Lewis (Applicant) Newcastle City Council (Respondent) Representation: Counsel: Mr Grant Long, solicitor (Applicant) Mr James Marshall, solicitor (Respondent) Solicitors: Long Legal Pty Ltd (Applicant) Newcastle City Council (Respondent) File Number(s):11026 of 2015Judgment COMMISSIONER: This is an appeal against the refusal of a Building Certificate by Newcastle City Council for a pergola constructed at 1/29 McCann Court, Carrington In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to...