The Owners - Strata Plan No 8534 v Woollahra Municipal Council [2013] NSWLEC 1064

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 8534 v Woollahra Municipal Council [2013] NSWLEC 1064 Hearing dates: 14 March 2013, 5 April 2013 (Findings) Decision date: 12 April 2013 Jurisdiction: Class 1 Before: Hussey C Decision: Appeal dismissed Catchwords: Section 121B Order - Repair failed masonry wall, apportionment of repair costs Legislation Cited: Environmental Planning and Assessment Act 1979 Category: Procedural and other rulings Parties: The Owners - Strata Plan No 8534 (Applicant)

Woollahra Municipal Council (Respondent) Representation: Counsel Mr M Gracie (Applicant) Solicitors Mr C Campbell (Respondent) File Number(s): 11091 of 2012

Judgment

The Order 1This appeal is against the terms of a s 121B Order dated 28 September 2012 requiring the owners in SP 8534 to arrange for the repair of a failed masonry wall and supporting stone wall at 20 Ocean Avenue, Double Bay. 2The retaining wall forms the front boundary of the property, which contains a small apartment block of 16 units over 4 levels. The building is approximately 80 years old and it is likely that the subject retaining wall was constructed around 1939. This wall has a varying height in the order of 2 m. There is a bitumen-surfaced footpath adjacent to the retaining wall alignment and a grass verge adjacent to the kerb and gutter. 3The subject wall collapsed on 9 March 2012 and consequently, the applicant arranged for structural and geotechnical investigations to ascertain reasons for the failure of the retaining wall to enable satisfactory repairs to be undertaken. Arising from this investigation, the applicant submits that due to council's maintenance for footpath repairs to cracking, this work contributed to the failure of the retaining wall and therefore council should make a proportional payment towards the required repairs.