Akbari v Wollongong City Council [2022] NSWLEC 1483

Akbari v Wollongong City Council [2022] NSWLEC 1483

The Court, satisfied that the substitute order agreed upon at conciliation is within its powers and appropriate to restore stormwater functions on the public road reserve, orders that the development control order be substituted accordingly and the appeal is upheld.

Jurisdiction
Australia
Judgment Date
13 September 2022
Procedural Posture
Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld; development control order substituted with modified requirements
Legal Topics
['development Control Order' 'appeal' 'restore Works Order' 'conciliation Conference' 'order Substitution']
['planning and Environment Law'] ['development Control Order' 'appeal' 'restore Works Order' 'conciliation Conference' 'order Substitution']

Case Brief

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Procedural Posture

Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 ['Whether the development control order issued by Wollongong City Council should be upheld, modified, or substituted on appeal under the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The Court, satisfied that the substitute order agreed upon at conciliation is within its powers and appropriate to restore stormwater functions on the public road reserve, orders that the development control order be substituted accordingly and the appeal is upheld.

Court Disposition

Appeal upheld; development control order substituted with modified requirements

Orders

  • ['The appeal is upheld.' 'Development Control Order NO-2021/270 is substituted with an order requiring installation of an inlet pit per annexed engineering drawings at 2 Goodrich Street Scarborough (within six months).' 'The applicant is to install a stormwater drainage system (driveway strip drain and minimum 90mm...