Ibrahim v Council of the City of Ryde [2024] NSWLEC 1315

Land and Environment Court New South Wales

Medium Neutral Citation: Ibrahim v Council of the City of Ryde [2024] NSWLEC 1315 Hearing dates: Conciliation Conference 5, 23 April 2024 Date of orders: 12 June 2024 Decision date: 12 June 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent to LDA 2021/12 is modified in the terms in Annexure A. (3) Development Consent No LDA 2021/12 as modified by the Court is set out in Annexure B. Catchwords: APPEAL – Modification Application – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 8.10, 8.14 Land and Environment Court Act 1979, ss 17, 34 Environmental Planning and Assessment Regulation 2021, s 113 Ryde Local Environmental Plan 2014, cl 6.4 Texts Cited: Ryde Development Control Plan 2014 Category: Principal judgment Parties: Matthew Ibrahim (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) M Chillari (Solicitor) (Respondent)

Solicitors: ZBA Lawyers (Applicant) Council of the City of Ryde (Respondent) File Number(s): 2023/354858 Publication restriction: Nil

Judgment

Background 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's refusal of the applicant's modification application seeking to modify Development Consent LDA2021/0012 (Original Consent). The Original Consent was granted by the respondent on 29 March 2021 and approved the relocation of the respondent's existing stormwater asset (easement and pipe) to run parallel to the south-western boundary of the property and relocation of the existing Sydney Water sewer pipe on Lot 2 in Deposited Plan 526318, known as 4 Stanley Street, Putney (Site). The modification application the subject of this appeal (MOD2023/0061) seeks to amend the Original Consent by replacing and encasing the Sydney Water pipe in its existing location, constructing a new pier and bridge structure over the Sydney Water pipe and relocating the respondent's new stormwater pipe over the structure (Modification Application). 2. The Site contains an existing residential dwelling which was not sought to be altered by either the Original Consent or Modification Application. 3. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act). The proceedings are determined pursuant to the provisions of s 8.14 of the EPA Act.