Tobias Partners v Woollahra Municipal Council [2008] NSWLEC 1184

Land and Environment Court of New South Wales

CITATION : Tobias Partners v Woollahra Municipal Council [2008] NSWLEC 1184

APPLICANT Tobias Partners PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11210 of 2007

CORAM: Tuor C

KEY ISSUES: Development Application :- Alterations and additions to an existing hourse, disposal of stormwater, proposed easement

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Woollahra Local Environmental Plan 1995

CASES CITED: Billgate Pty Limited v Woollahra Municipal Council [2004] NSWLEC 436 Castagnet Investments Pty Limited v Woollahra Municipal Council [2005] NSWLEC 647

DATES OF HEARING: 08/04/2008

EX TEMPORE JUDGMENT DATE : 8 April 2008

APPLICANT Mr C Drury, solicitor DLA Phillips Fox LEGAL REPRESENTATIVES:

RESPONDENT Ms J Hewitt, solicitor Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

8 April 2008

11210 of 2007 Tobias Partners v Woollahra Municipal Council

JUDGMENT Background 1 This is an appeal against the refusal by Woollahra Municipal Council (council) of a development application under the Environmental Planning and Assessment Act 1979 for alterations and additions to an existing house at 10 Fairfax Road, Bellevue Hill (the site). 2 The site, its context, the history of the application and the planning controls are in the Statement of Facts and Contentions. 3 A conference under s 34 of the Land and Environment Court Act 1979 was held on site on 19 March 2008. Agreement was generally reached at the s34 conference. The only remaining issue in dispute between the parties in this hearing is whether adequate provision has been made for the disposal of stormwater from the site pursuant to cl 25(2) of Woollahra Local Environmental Plan 1995 (LEP 1995). Clause 25(2) provides: