Akbari v Wollongong City Council [2022] NSWLEC 1483

Land and Environment Court New South Wales

Medium Neutral Citation: Akbari v Wollongong City Council [2022] NSWLEC 1483 Hearing dates: Conciliation conference 2 June 2022, 6 July 2022 and 20 July 2022 Date of orders: 13 September 2022 Decision date: 13 September 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Control Order NO-2021/270 issued by the Respondent to the Applicant and dated 21 October 2021 is substituted instead with the following Development Control order: a) The Applicant carry out, or cause to be carried out, the installation of the inlet pit as shown on the "Engineering Standard Drawing Letterbox and Grated Inlet Pit for Pipes up to 750mm Drawing No. 7000 Sheets C04 and C05 Issue A annexed to these orders and marked "A", in the location of the now filled culvert within the Council road reserve adjacent to 2 Goodrich Street Scarborough, such that the intlet pit connects to the culvert and conveys water, wand with such works to be completed within 6 months from the date of this order. b) The Applicant install, or cause to be installed, a stormwater drainage system consisting of a driveway strip drain that extends across the width of the driveway within the boundaries of 2 Goodrich Street Scarborough and disposes of that stormwater via a minimum 90mm PVC stormwater pipe into the inlet pit described at paragraph (a) above, with such works to be completed within 6 months from the date of this order. Catchwords: APPEAL - DEVELOPMENT CONTROL ORDER – restore works order – conciliation conference – agreement between the parties – parties agree to modified order – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Pt 1 Sch 5 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Kaveh Akbari (Applicant) Wollongong City Council (Respondent) Representation: Counsel: K Akbari (Applicant) (Self-represented) J Reilly (Solicitor) (Respondent)