Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17:

1. COMMISSIONER: This is a Class 1 Miscellaneous Appeal pursuant to s 8.25(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) from the refusal by Ku-ring-gai Council (Council) to issue a Building Information Certificate (BIC) in respect of the construction of retaining walls which were unlawfully erected in the rear yard as part of the construction of a dwelling house on land at 16 Bromley Ave, Pymble, NSW (the Site).

2. In linked proceedings concerning a Development Control Order issued by Council (being case No 2024/88669), a Notice of Discontinuance was filed on 17 March 2025. As such, no orders are sought from the Court in respect of case No 2024/88669. In proceedings concerning the Building Information Certificate (being case No 2024/176846) the parties seek the orders set out in the s 34 agreement that was filed with the Court.

3. The appeal was lodged by Mr Nesseim, who is the owner of the property and the applicant for the BIC.

4. 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 Site.

5. 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 and met the Respondents contentions. The orders sought by the parties are that the Council is to issue a BIC for the retaining walls on conditions set out in Order (3) of the Court's orders. The orders made by the Court include remedial works the Applicant must carry out.

6. The parties had before them two Joint Reports in reaching their agreement:

1) Joint Report - Town Planning - James Lovell for the Applicant (Town Planner) and Luke Donovan for the Respondent (Executive Assessment Officer, Ku-ring-gai Council) dated 12 March 2025;

2) Joint Report - Engineering - Khaled El Najjar for the Applicant (Engineer) and Bruce Kenny for the Respondent (Engineer) dated 14 March 2025.

7. It is not my role to consider the merits of the agreed decision of the parties. If there is no jurisdictional barrier, pursuant to s 34(3)(a) of the LEC Act, I must make the orders agreed by the parties.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19767e4a949ef003a97894bb)

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