Klompe v Woollahra Municipal Council [2009] NSWLEC 1071

Klompe v Woollahra Municipal Council [2009] NSWLEC 1071

Given the small scale of the development, the absence of significant risk to the tree under the arborist report and conditions, and the usual practices regarding security deposits, a reduced tree damage security deposit of $10,000 is reasonable and sufficient. The duration the deposit may be held must be limited to 12 months after the issue of the Occupation Certificate and Council is to conduct inspection and provide advice on refund at that time. Certain conditions not relevant (e.g., those requiring amended landscape plans or overly broad requirement for professional engineering plans) are to be deleted or modified accordingly.

Parties
Applicant: Isabella Klompe; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
27 February 2009
Procedural Posture
Appeal Class 1 (development Consent) / Final Determination After Termination of Conciliation
Outcome
Appeal upheld. Development consent granted with modifications to conditions.
Legal Topics
Development Consent, Construction Certificate, Security Deposits, Tree Preservation, Design Modifications, Streetscape, Amended Plans
Planning and Environment Development Consent Construction Certificate Security Deposits Tree Preservation Design Modifications Streetscape Amended Plans

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Parties

Isabella Klompe

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal Class 1 (development Consent) / Final Determination After Termination of Conciliation

Legal Issues

  1. 1 Whether the conditions of development consent, particularly regarding the construction certificate, landscape plan, and security deposits (especially for tree damage), are reasonable and should be upheld or amended.

Ratio Decidendi

Given the small scale of the development, the absence of significant risk to the tree under the arborist report and conditions, and the usual practices regarding security deposits, a reduced tree damage security deposit of $10,000 is reasonable and sufficient. The duration the deposit may be held must be limited to 12 months after the issue of the Occupation Certificate and Council is to conduct inspection and provide advice on refund at that time. Certain conditions not relevant (e.g., those requiring amended landscape plans or overly broad requirement for professional engineering plans) are to be deleted or modified accordingly.

Court Disposition

Appeal upheld. Development consent granted with modifications to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted for demolition of the existing house and the erection of a new two storey house at 20 Forest Road, Double Bay, subject to modified conditions as per Annexure A, including a reduced tree damage security deposit of $10,000 and limited holding period for the deposit.