Merrag Pty Ltd v Warringah Council [2005] NSWLEC 508

Land and Environment Court of New South Wales

CITATION : Merrag Pty Ltd v Warringah Council [2005] NSWLEC 508

APPLICANT Merrag Pty Ltd

PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 11297 of 2004

CORAM: Hoffman C

Appeal :- s 96 amendment to consent for a multi-storey mixed use residential retail and commercial development with basement carpark. KEY ISSUES:

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 14/02/2005, 06/06/2005 and 03/08/2005 EX TEMPORE JUDGMENT DATE : 08/03/2005

APPLICANT Mr D Briggs, solicitor Of DG Briggs and Associates

LEGAL REPRESENTATIVES: RESPONDENT Mr A Hudson, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

3 August 2005

11297 of 2004 Merrag Pty Ltd v Warringah Council

JUDGMENT

1 This is a s 96 application to amend existing consent 2001/0243 DA for a multi storey mixed use residential, retail and commercial development with basement carparking at No. 11 Oaks Avenue, Dee Why.

2 The building was at an advanced stage of construction at the commencement of the hearing. The hearing was adjourned twice to enable parties to negotiate and clarify anomalies in the drawings and to obtain DIPNR concurrence to works in and next to a water-course and to allow re-exhibition of updated drawings. On the 3rd occasion of the hearing that occurred during a 6 month period, the parties reached consent orders.