Merrag Pty Ltd v Warringah Council [2005] NSWLEC 508

Merrag Pty Ltd v Warringah Council [2005] NSWLEC 508

The Court did not finally determine contested merits; after adjournments to permit negotiation, clarification, concurrence and re-exhibition, it directed further clarification of carpark ventilation and detention tank matters and foreshadowed issue of consent orders in chambers once those matters were clarified.

Jurisdiction
Australia
Judgment Date
03 August 2005
Procedural Posture
Appeal S 96 Application to Amend Existing Consent for a Multi Storey Mixed Use Residential, Retail and Commercial Development With Basement Carparking / Hearing Adjourned Twice; Parties Reached Consent Orders and Directions Were Made Before Issue of Consent Orders in Chambers
Outcome
Directions made; issue of consent orders foreshadowed in chambers once specified matters are clarified.
Legal Topics
['s 96 Amendment to Development Consent' 'mixed Use Residential, Retail and Commercial Development' 'basement Carpark Ventilation' 'stormwater Detention Tanks' 'works in and Next to a Water Course']
['environmental Planning and Assessment' 'land and Environment'] ['s 96 Amendment to Development Consent' 'mixed Use Residential, Retail and Commercial Development' 'basement Carpark Ventilation' 'stormwater Detention Tanks' 'works in and Next to a Water Course']

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Procedural Posture

Appeal S 96 Application to Amend Existing Consent for a Multi Storey Mixed Use Residential, Retail and Commercial Development With Basement Carparking / Hearing Adjourned Twice; Parties Reached Consent Orders and Directions Were Made Before Issue of Consent Orders in Chambers

Legal Issues

  1. 1 ['Whether existing consent 2001/0243 DA should be amended under s 96 for the development at No. 11 Oaks Avenue, Dee Why.' 'Clarification of anomalies in drawings, stormwater detention tank locations, basement carpark ventilation and water-course concurrence requirements before consent orders issue.']

Ratio Decidendi

The Court did not finally determine contested merits; after adjournments to permit negotiation, clarification, concurrence and re-exhibition, it directed further clarification of carpark ventilation and detention tank matters and foreshadowed issue of consent orders in chambers once those matters were clarified.

Court Disposition

Directions made; issue of consent orders foreshadowed in chambers once specified matters are clarified.

Orders

  • ['The parties are directed to have the applicant consult with Mr Findlay of council to advise how the basement carpark is ventilated and to correctly indicate the detention tanks on plan S96-3-DWB in Exhibit C and advise where the ventilation grilles to the basement carpark occur as they currently appear to conflict...