Tawfils v Hurstville City Council [2012] NSWLEC 1300

Land and Environment Court New South Wales

Medium Neutral Citation: Tawfils v Hurstville City Council [2012] NSWLEC 1300 Hearing dates: 27 September 2012 Decision date: 31 October 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Modification Application No. 11/DA-252REV01 to delete Schedule 1 of deferred commencement consent requiring the provision of an easement to drain water for the approved dual occupancy development at 667 Forest Road, Peakhurst is refused. 3. The exhibits, other than exhibit 1, are returned. Catchwords: MODIFICATION APPLICATION: delete a deferred condition of consent requiring a drainage easement Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Mr Ayman Tawfils (Applicant) Hurstville City Council (Respondent) Representation: Mr Anthony Hudson (Solicitor) (Applicant) Mr Adam Seton (Solicitor) (Respondent) Solicitors Wilshire Webb Staunton Beattie Solicitors (Applicant) Marsdens Law Group (Respondent) File Number(s): 10677 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97AA of the Environmental Planning and Assessment Act 1979 against the refusal of Modification Application No. 11/DA-252REV01 (the proposal) by Hurstville City Council (the Council) to delete Schedule 1 of the deferred commencement consent requiring the provision of an easement to drain water for the approved dual occupancy development, at 667 Forest Road, Penshurst (the site). 2The appeal was subject to mandatory conciliation on 27 September 2012, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As no agreement was reached during the conciliation phase, the conciliation conference was terminated pursuant to s34AA(2)(b) and the proceedings dealt with forthwith pursuant to s 34AA(2)(b)(i).