Lismore City Council v Gurpal Kaur Singh [2021] NSWLEC 49

Land and Environment Court New South Wales

Medium Neutral Citation: Lismore City Council v Gurpal Kaur Singh [2021] NSWLEC 49 Hearing dates: 12 and 13 April 2021 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraphs 46 to 48 Catchwords: LOCAL GOVERNMENT – s 59A Local Government Act – Council works – sewerage work – whether new works are to "replace" existing works for s 59A(2) – construction of s 59A – proposed works are new works Legislation Cited: Conveyancing Act 1900 Lismore Local Environmental Plan 2012 Local Government Act 1993 Local Government Amendment (Miscellaneous) Bill 2002 Uniform Civil Procedure Rules 2005 Cases Cited: R & R Fazzolari Pty Ltd v Parramatta City Council; Mac's Pty Ltd v Parramatta City Council (2009) 237 CLR 603 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Lismore City Council (Applicant) Gurpal Kaur Singh (Respondent) Representation: Counsel: Ms F Berglund (Applicant) Mr D Singh, agent (Respondent)

Solicitors: McCartney Young Lawyers (Applicant) Not applicable File Number(s): 2020/275364 Publication restriction: No

Judgment

Nature of proceedings 1. By summons dated 22 September 2020, Lismore City Council (the Council) commenced civil enforcement proceedings under s 673 of the Local Government Act 1993 (LG Act) seeking orders and declarations relating to its intention to carry out works at Lot 21 in Deposited Plan 561152, 4 Zambelli Drive, East Lismore (the Property) relating to the sewer servicing the Property and adjacent lands. 2. The works which were proposed to be undertaken were said to involve (the Proposed Works): 1. The decommissioning of the existing sewer line which runs in a north-south direction through the backyards of 2, 4 and 6 Zambelli Drive, but leaving the decommissioned pipe in situ (the Existing Pipe); 2. The installation of a new sewer pipe to the west of the Existing Pipe which would convey sewerage. Such pipe was to be installed without opening the surface of the land by a process of below surface directional drilling (the New Pipe); and 3. The opening of the surface of the land to provide a connection between the residence and the New Pipe (and rectification upon completion). 1. The Proposed Works are illustrated in Figure 1 below with the Property being the middle lot of the three lots illustrated, the Existing Pipe shown in the smaller dashes and the New Pipe shown in the longer dashes: Figure 1 – Site Plan of Existing Pipe and the Proposed Works 1. Mrs Gurpal Kaur Singh, the owner of the Property (the Respondent) has refused the Council permission to access the Property to undertake the Proposed Works. The Respondent was represented in these proceedings, and in dealings with the Council relating to the Proposed Works, by her son, Mr Singh.