Property Partnerships Pacific v Woollahra Council [2005] NSWLEC 669

Property Partnerships Pacific v Woollahra Council [2005] NSWLEC 669

Because the development was worthy of approval on all merit issues, the physical stormwater arrangements were acceptable, and a gravity drainage easement through an adjoining property was reasonably necessary for the development, the proceedings should be adjourned to allow the applicant to seek the easement by negotiation or by application under s40 of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
23 November 2005
Procedural Posture
Appeal Against Refusal of a Development Application / Hearing; Proceedings Adjourned to Allow the Applicant to Seek a Drainage Easement Under S40 of the Land and Environment Court Act 1979
Outcome
Proceedings adjourned to allow the applicant to seek a drainage easement by negotiation or by application under s40 of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'stormwater Drainage Easement' 'section 40 Easement' 'sepp 1 Objections' 'residential Flat Building' 'tree Transplantation' 'view and Privacy Impacts']
['environmental and Planning Law' 'development Control' 'land and Environment Court Procedure'] ['development Application' 'stormwater Drainage Easement' 'section 40 Easement' 'sepp 1 Objections' 'residential Flat Building' 'tree Transplantation' 'view and Privacy Impacts']

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Procedural Posture

Appeal Against Refusal of a Development Application / Hearing; Proceedings Adjourned to Allow the Applicant to Seek a Drainage Easement Under S40 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposal can be approved without a downstream drainage easement.' 'Whether one, two or none of the Canary Date Palms should be transplanted elsewhere on the site.' "Whether the Court should accept the Court-appointed planning expert's suggestions for lowering the roof by 300mm, reducing the roof overhang over the upper floor terrace, and placing a planter box at the edge of the terraces." "Whether the objectors' concerns are valid."]

Ratio Decidendi

Because the development was worthy of approval on all merit issues, the physical stormwater arrangements were acceptable, and a gravity drainage easement through an adjoining property was reasonably necessary for the development, the proceedings should be adjourned to allow the applicant to seek the easement by negotiation or by application under s40 of the Land and Environment Court Act 1979.

Court Disposition

Proceedings adjourned to allow the applicant to seek a drainage easement by negotiation or by application under s40 of the Land and Environment Court Act 1979.

Orders

  • ['The applicant is referred to the call-over on 6 December 2005 to allow it to make an application under s40 of the Land and Environment Court Act 1979.']