Weston Investment Group Pty Ltd v City of Parramatta Council [2022] NSWLEC 1304

Weston Investment Group Pty Ltd v City of Parramatta Council [2022] NSWLEC 1304

The applicants' stormwater drainage solution, comprising a combination of on-site detention, pipes, and overland flow paths, satisfies the relevant Council controls for both ordinary and emergency events (including up to the 1% AEP storm event), provided that additional specified works (replacement of timber mulch with pebbles, raising the timber edge by 40mm, constructing a 120mm concrete kerb) are carried out. The Court is empowered to uphold the appeal and express conditional satisfaction with the deferred commencement conditions, as the proposed solution meets the functional and policy requirements for stormwater management, and relevant easement law supports the capacity for these...

Parties
First Applicant: Weston Investment Group Pty Limited; Second Applicant: Magpie Lily Pty Limited; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
15 June 2022
Procedural Posture
Class 1 Development Application Appeal / Final Hearing and Judgment With Orders
Outcome
Appeal upheld – deferred commencement conditions satisfied on conditions
Legal Topics
Deferred Commencement Condition, Development Application, Stormwater Management, Easement Rights, Compliance With Consent Conditions
Planning Law Environmental Law Local Government Law Property Law Deferred Commencement Condition Development Application Stormwater Management Easement Rights +1 more

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Parties

Weston Investment Group Pty Limited

First Applicant

Magpie Lily Pty Limited

Second Applicant

City of Parramatta Council

Respondent

Procedural Posture

Class 1 Development Application Appeal / Final Hearing and Judgment With Orders

Legal Issues

  1. 1 Whether the applicants have satisfied deferred commencement conditions 1 and 2 of DA/267/2018B under s 39(2) of the Land and Environment Court Act 1979
  2. 2 Correct interpretation and operation of Council stormwater policies and requirements for inter-allotment drainage
  3. 3 Whether works in downstream easements are necessary and sufficient to demonstrate compliance with stormwater management and consent conditions

Ratio Decidendi

The applicants' stormwater drainage solution, comprising a combination of on-site detention, pipes, and overland flow paths, satisfies the relevant Council controls for both ordinary and emergency events (including up to the 1% AEP storm event), provided that additional specified works (replacement of timber mulch with pebbles, raising the timber edge by 40mm, constructing a 120mm concrete kerb) are carried out. The Court is empowered to uphold the appeal and express conditional satisfaction with the deferred commencement conditions, as the proposed solution meets the functional and policy requirements for stormwater management, and relevant easement law supports the capacity for these...

Court Disposition

Appeal upheld – deferred commencement conditions satisfied on conditions

Orders

  • The appeal is upheld.
  • In accordance with s 39(2) of the Land and Environment Court Act 1979, Deferred Commencement Condition No. 1 and 2 in DA/267/2018B is satisfied conditional upon the Applicant carrying out the following works: (a) Replace the timber mulch on the easement flow path in 9-11 Weston Street with pebbles or like material;...