Sarian v The Hills Shire Council [2021] NSWLEC 1039

Land and Environment Court New South Wales

Medium Neutral Citation: Sarian v The Hills Shire Council [2021] NSWLEC 1039 Hearing dates: 14, 15 and 17 December 2020 Date of orders: 25 January 2021 and amended on 5 February 2021 and 19 February 2021 Decision date: 25 January 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld in so far as the date for compliance with the Order set out in (2) below. (2) Development Control Order pursuant to Schedule 5, Part 1, Order No 13 of the Environmental Planning and Assessment Act 1979 in accordance with Attachment A hereto, noting the compliance date to be 28 June 2021. (3) Exhibits are returned except for Exhibits A, 1, 2, 3, AA and BB. Catchwords: DEVELOPMENT CONTROL ORDER – power to issue an order – completion or non-completion of Stage 1 works – development consent conditions – impacts on amenity of residents – period for compliance Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384; [1997] HCA 2 Project Blue Sky Inc v Australian Broadcasting Authority (1988) 194 CLR 355; [1998] HCA 28 Hawkesbury City Council & Anor v Sammut (2002) 119 LGERA 171; [2002] NSWCA 18 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Stavroula Sarian (First Applicant) Nabil Sarian (Second Applicant) The Hills Shire Council (Respondent) Representation: Counsel: R McCulloch (Solicitor) (First Applicant) T Hodgson (Second Applicant) R O'Gorman-Hughes (Respondent)