NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Zaia Design Architects v Woollahra MC & Anor (No. 2) [2008] NSWLEC 1139
APPLICANT Zaia Design Architects
PARTIES : 1st RESPONDENT Woollahra Municipal Council
2nd RESPONDENT Resham Singh and Kalwant Kour
FILE NUMBER(S) : 11461 of 2005
CORAM: Murrell C
KEY ISSUES: Development Application :- Drainage easement cl 25(2) of LEP, dual occupancy, impact on adjoining properties, privacy view sharing, conditions
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan
DATES OF HEARING: 19/02/2008
EX TEMPORE JUDGMENT DATE : 19 February 2008
APPLICANT Mr Green, solicitor Ms J. Reid, solicitor of Pike Pike and Fenwick
LEGAL REPRESENTATIVES: 1st RESPONDENT Mr S. Simington, solicitor of Lindsay Taylor Lawyers
2nd RESPONDENT Ms H. Irish, barrister instructed by Mr P. D. McLachlan of Aitken McLachlan & Thorpe
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
19 February 2008
11461 of 2005 Zaia Design Architects v Woollhara Muncipal Council
JUDGMENT 2 1 The applicant in these proceedings is here today with an agreement for a drainage easement over adjoining properties. 2 By way of background the applicant appealed against Council's refusal of the development application for demolition of an existing dual occupancy and the construction of a new part two and part three-storey dual occupancy development with underground car parking for five vehicles on the land known as number 8 Dalley Ave Vaucluse. I handed down judgement of the merits of the development application 30 June 2006 wherein I found that apart from the need to satisfy the provisions of clause 25(2) of the Woollahra Local Environmental Plan I would be prepared to determine the application by the granting of consent. The matter is before me today with agreement to satisfy this clause with a formalized drainage easement through adjoining properties. Clause 25(2) requires a formal drainage easement to be in place prior to the issuing of development consent, in this case before the formal Orders of the Court are issued granting development consent.
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