Castagnet Investments v Woollahra Council (No 2) [2009] NSWLEC 1158

Land and Environment Court of New South Wales

CITATION : Castagnet Investments v Woollahra Council (No 2) [2009] NSWLEC 1158

APPLICANT Castagnet Investments Pty Limited PARTIES : RESPONDENT Woollahra Council

FILE NUMBER(S) : 10565 of 2005

CORAM: Brown C

KEY ISSUES: APPEAL :- consent orders - modification of conditions of consent for the location of an easement and Stormwater Management Plan

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 22 May 2009

EX TEMPORE JUDGMENT DATE : 22 May 2009

APPLICANT Mr S Griffiths, solicitor SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

22 May 2009

10565 of 2009 Castagnet Investments Pty Limited v Woollahra Council

JUDGMENT 1 COMMISSIONER: This matter comes before the Court for Consent Orders in relation to an application modify to an approval granted by the Land and Environment Court on 29 May 2007 (Castagnet Investments Pty Limited v Woollahra Council ) for the demolition of all existing structures and the construction of a new three-storey residential flat building with basement car parking at 124-126 Bellevue Road, Bellevue Road Hill.

2 The modification application seeks to amend the conditions 24 and 27A. These conditions relate to the Stormwater Management Plan and the creation of an easement over adjoining properties, respectively. In essence, the modification to the approved conditions seeks to amend the location of the easement, to a minor extent (Option B), and consequent details in the Stormwater Management Plan.