Cavill Properties Pty Limited v Warringah Council [2011] NSWLEC 1372

Cavill Properties Pty Limited v Warringah Council [2011] NSWLEC 1372

The modifications to the on-site stormwater drainage system, as agreed by the parties' engineers, now provide retention volumes in line with the original approval and address previous concerns regarding water filtration and inlet capacity. With the implementation of an agreed maintenance regime and the expansion of tank volumes, the modifications are satisfactory and warrant approval under s 96.

Parties
Applicant: Cavill Properties Pty Limited; Respondent: Warringah Council
Jurisdiction
Australia
Judgment Date
15 December 2011
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld, application to modify consent approved subject to agreed conditions
Legal Topics
Development Consent Modification, Stormwater Drainage Systems, On Site Retention Volume, Water Filtration Requirements, Section 96 Applications
Planning and Environment Law Development Consent Modification Stormwater Drainage Systems On Site Retention Volume Water Filtration Requirements Section 96 Applications

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Parties

Cavill Properties Pty Limited

Applicant

Warringah Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether modifications to the as-constructed on-site drainage retention system achieve adequate retention volume, water filtration, and inlet capacity
  2. 2 Whether the modified drainage system meets the requirements of the original development consent

Ratio Decidendi

The modifications to the on-site stormwater drainage system, as agreed by the parties' engineers, now provide retention volumes in line with the original approval and address previous concerns regarding water filtration and inlet capacity. With the implementation of an agreed maintenance regime and the expansion of tank volumes, the modifications are satisfactory and warrant approval under s 96.

Court Disposition

Appeal upheld, application to modify consent approved subject to agreed conditions

Orders

  • The appeal is upheld.
  • The section 96 application in respect of the approved stormwater absorption tanks in relation to the residential flat building at 1262 Pittwater Road, Narrabeen, to modify development consent no. 2009/1446 is approved subject to the modified conditions in Annexure A.