Property Partnerships Pacific v Woollahra Council [2005] NSWLEC 669

Land and Environment Court of New South Wales

Property Partnerships Pacific v Woollahra Council [2005] NSWLEC 669 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

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

FILE NUMBER(S) : 10640 of 2005

CORAM: Roseth SC

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

LEGISLATION CITED: Land and Environment Court Act 1979, s40

CASES CITED: Castagnet Investments Pty Limited v Woollahra Municipal Council [2005] NSWLEC 647

DATES OF HEARING: 15/11/2005

DATE OF JUDGMENT: 11/23/2005

Applicant: Mr G Green, solicitor of Pike Pike & Fenwick LEGAL REPRESENTATIVES: Respondent: Mr M Connell, solicitor HWL Layers

JUDGMENT: - 8 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

23 November 2005

10640 of 2005 Property Partnerships Pacific Pty Ltd v Woollahra Municipal Council

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.