Guilfoyle Developments Pty Ltd v Woollahra Council [2011] NSWLEC 1006

Guilfoyle Developments Pty Ltd v Woollahra Council [2011] NSWLEC 1006

Adequate provision for the disposal of stormwater from the site, as required by cl 25(2) of the WLEP, has not been made as the current kerb and gutter system is inadequate and the alternative proposal lacks sufficient detail and assessment. Therefore, the condition of consent requiring connection to Council's below ground drainage is reasonable and necessary.

Parties
Applicant: Guilfoyle Developments Pty Ltd; Respondent: Woollahra Council
Jurisdiction
Australia
Judgment Date
12 January 2011
Procedural Posture
Appeal Pursuant to S 96(6) of the Environmental Planning & Assessment Act 1979 / Final Judgment
Outcome
The appeal is dismissed.
Legal Topics
Development Consent, Stormwater Disposal, Modification of Development Consent, Conditions of Consent, Local Environmental Plan, Draft Stormwater DCP
Planning and Environment Law Development Consent Stormwater Disposal Modification of Development Consent Conditions of Consent Local Environmental Plan Draft Stormwater DCP

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Parties

Guilfoyle Developments Pty Ltd

Applicant

Woollahra Council

Respondent

Procedural Posture

Appeal Pursuant to S 96(6) of the Environmental Planning & Assessment Act 1979 / Final Judgment

Legal Issues

  1. 1 Whether adequate provision has been made for disposal of stormwater from the development site as required by cl 25(2) of the Woollahra Local Environmental Plan 1995
  2. 2 Whether part of Condition C13 should be deleted from the development consent under s 96 application

Ratio Decidendi

Adequate provision for the disposal of stormwater from the site, as required by cl 25(2) of the WLEP, has not been made as the current kerb and gutter system is inadequate and the alternative proposal lacks sufficient detail and assessment. Therefore, the condition of consent requiring connection to Council's below ground drainage is reasonable and necessary.

Court Disposition

The appeal is dismissed.

Orders

  • The appeal is dismissed.
  • Section 96 Development Application Number 324/2008/6 to delete part of condition of consent C13 relating to disposal of stormwater from 4-10 and 12 Guilfoyle Avenue Double Bay is determined by refusal.