Wahbe v Blacktown City Council [2024] NSWLEC 1380

Land and Environment Court New South Wales

Medium Neutral Citation: Wahbe v Blacktown City Council [2024] NSWLEC 1380 Hearing dates: Conciliation conference on 27 June 2024 Date of orders: 04 July 2024 Decision date: 04 July 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No. DA-20-00198 is modified in the terms set out in Annexure A. (3) Development Consent No. DA-20-00198, as modified by the Court, is set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979,s 34 Cases Cited: North Sydney Council v Michael Standley and Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 163 Texts Cited: Blacktown City Council Community Engagement Strategy and Community Participation Plan 2022-2024, 26 October 2022 Category: Principal judgment Parties: Lilian Wahbe (Applicant) Blacktown City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) M Fozzard (Respondent)

Solicitors: Centurion Lawyers (Applicant) Bilias & Associate (Respondent) File Number(s): 2023/183834 Publication restriction: No

Judgment 1. COMMISSIONER: This judgment relates to an appeal brought by the applicant under s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Blacktown City Council (Council) of modification application MOD-22-00452. MOD-22-00452 seeks to modify development application DA-20-00198 which was granted deferred commencement consent by Council for a health services facility and associated development at 22 Durham Street, Mount Druitt (site). 2. More particularly, MOD-22-00452 sought the deletion of DA-20-00198's condition 1.1 which provided the particulars of the deferred commencement consent. Condition 1.1 would require the provision of inter-allotment stormwater drainage and an associated stormwater management easement across a number of adjacent parcels of land. MOD-22-00452 proposes an alternative stormwater management solution involving stormwater outflows from the site draining to Nelson Street, which forms the site's eastern boundary, and the construction of stormwater infrastructure within the road, in the common fashion involving stormwater pits and piping towards existing higher order infrastructure. There are some incidental civil engineering related implications which could be attended to through variations in the particulars of the consent conditions.