Property Partnerships Pacific v Woollahra Council (No 2) [2006] NSWLEC 765

Land and Environment Court of New South Wales

CITATION : Property Partnerships Pacific v Woollahra Council (No 2) [2006] NSWLEC 765

Applicant: Property Partnerships Pacific Pty Ltd PARTIES : Respondent: Woollahra Council

FILE NUMBER(S) : 10640 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- drainage easment under s40 of the Land and Environment Court Act 1979

LEGISLATION CITED: Land and Environment Court Act 1979 s 40

CASES CITED: Castegnet Investments Pty Ltd v Woollahra Council [2005] NSWLEC 647

DATES OF HEARING: 15/11/2005 and 05/12/2006

DATE OF JUDGMENT: 12/05/2006

Applicant: Mr G Green, solicitor of Pike Pike & Fenwick (15/11/2005) LEGAL REPRESENTATIVES: Mr N Eastman, barrister instructed by Ms E Cooper of Priest McCarron (06/12/2006) Respondent: Mr M Connell, solicitor of HWL Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

5 December 2006

10640 of 2005 Property Partnerships Pacific Pty Ltd v Woollahra Municipal Council (No 2)

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Woollahra Municipal Council (the council) of a development application to demolish an existing four-storey residential flat building containing seven dwellings and erect a new three-storey residential flat building containing two dwellings over basement parking on lot 30 DP 590068, known as 10 Annandale Street, Darling Point.

The site 2 The site is on the western side of Annandale Street. Its area is 828m2. A four-storey apartment building containing seven dwellings now occupies the site. Most buildings in the street are apartment buildings, with the exception of the south-adjoining building, 8 Annandale Street, which is a heritage-listed house.