Firoz Esskandarpor v Lithgow City Council [2019] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: Firoz Esskandarpor v Lithgow City Council [2019] NSWLEC 1126 Hearing dates: 06 March 2019 Date of orders: 06 March 2019 Decision date: 06 March 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders are: 1) The appeal is dismissed. 2) Development Application DA182/17 for a new dwelling and secondary dwelling or home office at 29 Mort Street, Lithgow is refused. 3) The exhibits are returned other than Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION: insufficient information in order to assess development application – requirement for structural engineering details to confirm ability to retain proposed structures and adjoining dwelling; bushfire requirements – applicant focused on alleged past activities on the site and of the Council and neighbours rather than the requirements of the application – Court cannot be satisfied on the basis of the evidence provided as to the structural works required to be undertaken and their impact on the development – applicant raises concern with history, process and Court – applicant did not attend hearing Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Lithgow City Local Environmental Plan 2014 Uniform Civil Procedures Rules 2005 Cases Cited: Ebner v The Official Trustee in Bankruptcy [2000] HCA 63 Texts Cited: Australian Standard AS3959-2009 Construction of buildings in bushfire prone areas Land and Environment Court Practice Note – Class 1 Residential Development Appeals Category: Principal judgment Parties: Firoz Esskandarpor (Applicant) Lithgow City Council (Respondent) Representation: Solicitors: J Fan, Pikes & Verekers Lawyers (Respondent)