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. 3 The parties are directed to have the applicant's consult with Mr Findlay of council to advise how the basement carpark is ventilated and to correctly indicate the detention tanks on plan S96-3-DWB in Exhibit C and advise where the ventilation grilles to the basement carpark occur as they currently appear to conflict with the stormwater detention tanks and to advise if the large duct beside the lift is the carpark exhaust duct and if so, where does it discharge. 4 Appropriate conditions and amended drawings as necessary to be filed within twenty-one days. Issue of consent orders is foreshadowed in chambers once the above matters are clarified. _________________________ K G Hoffman Commissioner of the Court Rjs/ljr DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.