Whealey v Warringah Council [2009] NSWLEC 1194

Land and Environment Court of New South Wales

CITATION : Whealey v Warringah Council [2009] NSWLEC 1194

APPLICANT Lisa Whealey PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 10050 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Stormwater/On-site detention

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 21 April 2009

EX TEMPORE JUDGMENT DATE : 21 April 2009

APPLICANT Ms S Duggan (Barrister)

LEGAL REPRESENTATIVES: RESPONDENT Mr D Thomas (Solicitor) SOLICITOR Wellings Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

24 APRIL 2009

10050 of 2009 LISA WHEALEY v WARRINGAH COUNCIL This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

Background 1 This appeal is against conditions of consent imposed on a development consent for the demolition of an existing dwelling, the construction of a new dwelling and swimming pool at 37 Gardere Avenue, Curl Curl. The property is situated on the lower side of the road and the particular conditions appealed relate to the following deferred commencement conditions regarding stormwater control and discharge from the development as follows: 1. Stormwater Drainage Easement As the natural fall of the land is towards the rear of the site the disposal of stormwater drainage is to be in accordance with the drainage plan submitted by Rafeletos Zanuttini Pty Ltd, drawing No. 30063CP dated 25/09/2008. The easement is to be created under s 88B and/or 88K of the Conveyancing Act 1919. The applicant must provide Council with evidence of the creation of the easement in order to activate the consent. 2. Stormwater drainage design Plans indicating all engineering details relevant to the site regarding the collection and disposal of stormwater from the site, buildings, and adjacent areas, shall be submitted to Council for written approval. Stormwater shall be conveyed by gravity from the site to the kerb in Curl Curl Parade. All proposals shall be in accordance with Warringah Council's Stormwater Drainage Design Guidelines for Minor Developments. Reason: To ensure adequate provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties. Evidence required to satisfy these conditions must be submitted to Council within five (5) years of the date of this consent, or the consent will lapse in accordance with s 95 of the Environmental Planning and Assessment Regulation 2000. 2 Following conferencing between the parties agreement has been reached to consent orders in this matter and the conditions be varied.