Grant v Woollahra Council [2011] NSWLEC 1179

Grant v Woollahra Council [2011] NSWLEC 1179

The development appeal was upheld because, on the expert engineering evidence of Mr Shaw and Mr Dewar and subject to the imposed conditions, adequate provision had been made for stormwater disposal, the proposed discharge to Hopetoun Avenue and associated road works were appropriate and would provide public benefit, and the Court could impose conditions modifying the earlier consent as required. The building certificate and covenant applications were dismissed because it was premature to require their issue or execution before completion of the further drainage works, and the Court was not satisfied that the constructed development as it stood adequately disposed of stormwater.

Jurisdiction
Australia
Judgment Date
22 March 2011
Procedural Posture
Class 1 Appeals Concerning Deemed Refusals of a Development Application, Building Certificate Application, and Positive Covenant Request / Ex Tempore Judgment After Hearing
Outcome
Development appeal upheld; development consent granted subject to conditions; building certificate and covenant applications dismissed with costs reserved.
Legal Topics
['development Application' 'stormwater Disposal' 'building Certificate' 'positive Covenant' 'modification of Development Consent' 'road Works Approval']
['environmental Planning and Assessment' 'land and Environment Court' 'roads and Drainage Works'] ['development Application' 'stormwater Disposal' 'building Certificate' 'positive Covenant' 'modification of Development Consent' 'road Works Approval']

Case Brief

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Procedural Posture

Class 1 Appeals Concerning Deemed Refusals of a Development Application, Building Certificate Application, and Positive Covenant Request / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether development consent should be granted for discharge of the existing pump/sump stormwater system runoff to the kerb in Hopetoun Avenue and installation of a stilling pit.' 'Whether the proposed stormwater arrangements made adequate provision for disposal of stormwater under cl 25(2) of Woollahra Local Environmental Plan 1995.' 'Whether conditions including condition 12G and condition 14 should be imposed.' 'Whether approval should be granted for drainage works within Hopetoun Avenue under s 138 of the Roads Act 1993.' 'Whether the Court should direct the Council to issue a building certificate or execute a positive covenant before completion of the further development works.']

Ratio Decidendi

The development appeal was upheld because, on the expert engineering evidence of Mr Shaw and Mr Dewar and subject to the imposed conditions, adequate provision had been made for stormwater disposal, the proposed discharge to Hopetoun Avenue and associated road works were appropriate and would provide public benefit, and the Court could impose conditions modifying the earlier consent as required. The building certificate and covenant applications were dismissed because it was premature to require their issue or execution before completion of the further drainage works, and the Court was not satisfied that the constructed development as it stood adequately disposed of stormwater.

Court Disposition

Development appeal upheld; development consent granted subject to conditions; building certificate and covenant applications dismissed with costs reserved.

Orders

  • ['In Matter Number: 10080 of 2011: The appeal is upheld.' "In Matter Number: 10080 of 2011: Development consent is granted to DA705/2020 subject to the conditions in Annexure 'A'." 'In Matter Number: 10080 of 2011: The exhibits are returned on publication of this judgment.' 'In Matter Number: 10/10591 the...