Fyvit Pty Limited v. Gosford City Council [1998] NSWLEC 102

Land and Environment Court of New South Wales

CITATION : Fyvit Pty Limited v. Gosford City Council [1998] NSWLEC 102 APPLICANT Fyvit Pty Limited PARTIES : RESPONDENT Gosford City Council FILE NUMBER(S) : 40142 of 1998 CORAM: Pearlman J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 06/08/98 DATE OF JUDGMENT: 08/11/1998

APPLICANT Dr G A Flick SC Ms L Byrne, Barrister Neil Lawson & Co LEGAL REPRESENTATIVES: RESPONDENT Mr P C Tomasetti, Barrister P J Donnellan & Co

JUDGMENT: By its amended class 4 application, the applicant seeks orders in the nature of mandamus and declaratory relief in connection with a condition of development consent granted by this Court on 13 August 1993.

That development consent, numbered 10373, was granted subject to conditions consequent upon an appeal in respect of a proposed development known as "Georgiana Towers" at 107-111 Henry Parry Drive, Gosford ("the site").

Condition 11 of the development consent is in the following terms:

"(11) The development shall be carried out in such a manner that:

(i) there shall be control of erosion and minimisation of downstream sediment transfer during the construction period and for the full period of operation of the development, and

(ii) stormwater run-off from all roofed and paved areas shall be collected in a system of gutters, pits and pipelines for disposal as directed by the Director - Works.

Engineering plans (4 copies) are to be resubmitted with the building application giving full details for both short term control during construction and establishment, plus ongoing operation of the system. The works shall comply with the General Principles as set down in the publication "Urban Conservation and Sediment Control" published by the Soil Conservation Service.