Young v Newcastle City Council [2007] NSWLEC 44

Land and Environment Court of New South Wales

CITATION : Young v Newcastle City Council [2007] NSWLEC 44

APPLICANT Bonnie Young PARTIES : RESPONDENT Newcastle City Council

FILE NUMBER(S) : 10328 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Multi unit housing, filling, drainage, amenity impacts, s 40 drainage easement

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Newcastle Local Environmental Plan 2003

CASES CITED: Property Partnerships Pacific v Woollahra Council [2005] NSWLEC 669

DATES OF HEARING: 30-31/01/2007

EX TEMPORE JUDGMENT DATE : 31 January 2007

APPLICANT Mr G. Williams, solicitor of Thompson Norrie Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Jayne, solicitor of Sparke Helmore Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

31 January 2007

10328 of 2006 Bonnie Alissandra Young v Newcastle City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

Background 1 This appeal was lodged against council's refusal of a development application proposing the demolition of an existing dwelling and construction of three 2-storey dwellings at 34 Helen Street, Merewether. The site is located towards the lower end of its drainage catchment area and contains a natural depression, which precludes natural drainage flow to the road frontage. Accordingly, existing overland drainage flows onto the adjoining property at No. 36 Helen Street and other lower-lying properties.