Tenacity Investments Pty Ltd v Ku-ring-gai Council [2007] NSWLEC 246

The evidence of the court-appointed expert and the applicant's expert, including modelling for both 20 and 50 year ARI storm events and supported by Council standards, established that the existing public drainage system has the capacity to accept anticipated runoff from the proposed development; criticisms by the respondents regarding modelling and data were not accepted.

Jurisdiction: Australia
Judgment Date: 04 May 2007
Procedural Posture: Application for Order Imposing Drainage Easement / Preliminary Issue Capacity of Existing Public Drainage System
Outcome: Preliminary issue answered in the affirmative: The existing public drainage system has the capacity to accept the anticipated runoff from the proposed development.
Legal Topics: ['easements' 'stormwater Drainage' 'development Consent' 'drainage Capacity' 'land and Environment Court Act 1979 S 40']

['property Law' 'planning Law' 'environmental Law'] ['easements' 'stormwater Drainage' 'development Consent' 'drainage Capacity' 'land and Environment Court Act 1979 S 40']

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Procedural Posture

Application for Order Imposing Drainage Easement / Preliminary Issue Capacity of Existing Public Drainage System

Legal Issues

1 ['Whether the existing public drainage system referred to in Condition 89A(d) of the development consent has the capacity to accept the anticipated run off from the proposed development']

Ratio Decidendi

Court Disposition

Preliminary issue answered in the affirmative: The existing public drainage system has the capacity to accept the anticipated runoff from the proposed development.

Orders

['Exhibits may be returned.' 'The proceedings will be listed before the list judge for directions on 18 May 2007.']