Truslan Dumaresq Development Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1169

Truslan Dumaresq Development Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1169

The Court was satisfied, on the uncontradicted evidence of the parties' engineers, planners and landscape architects, that the likely environmental impacts of the stormwater drainage easement on the site and adjoining properties were understood and satisfactory. The current development application was confined to the subject site and did not seek approval for the easement works on 18-20 Bent Street. A deferred commencement condition requiring a registered drainage easement and separate development consent for drainage works on adjoining properties appropriately resolved the remaining stormwater issue. There was no jurisdictional impediment under the applicable planning instruments or...

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Class 1 Development Appeal / Appeal From Refusal of Development Application DA 0472/2019 by the Ku Ring Gai Local Planning Panel, Determined on an Amended Application
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'multi Dwelling Housing' 'stormwater Management' 'drainage Easement' 'deferred Commencement Condition' "owner's Consent" 'environmental Impact Assessment']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'stormwater Management' 'drainage Easement' 'deferred Commencement Condition' "owner's Consent" 'environmental Impact Assessment']

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Procedural Posture

Class 1 Development Appeal / Appeal From Refusal of Development Application DA 0472/2019 by the Ku Ring Gai Local Planning Panel, Determined on an Amended Application

Legal Issues

  1. 1 ['Whether development consent could be granted where the applicant had not yet secured an easement over adjoining land for stormwater drainage.' 'Whether a deferred commencement condition requiring a registered drainage easement and separate development consent for drainage works on adjoining land would satisfactorily resolve the stormwater disposal issue.' 'Whether the likely environmental impacts of the proposed drainage easement and works on adjoining land were sufficiently understood and assessed under s 4.15 of the Environmental Planning and Assessment Act 1979 and cl 6.5 of the Ku-ring-gai Local Environmental Plan 2015.' "Whether owner's consent from the adjoining landowners at 18-20 Bent Street was required for the current development application."]

Ratio Decidendi

The Court was satisfied, on the uncontradicted evidence of the parties' engineers, planners and landscape architects, that the likely environmental impacts of the stormwater drainage easement on the site and adjoining properties were understood and satisfactory. The current development application was confined to the subject site and did not seek approval for the easement works on 18-20 Bent Street. A deferred commencement condition requiring a registered drainage easement and separate development consent for drainage works on adjoining properties appropriately resolved the remaining stormwater issue. There was no jurisdictional impediment under the applicable planning instruments or...

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application no. 0472/2019 for the demolition of existing structures and construction of a multi-dwelling housing comprising 18 townhouses, basement parking, fencing, landscaping and associated works at 5 and 7 Beaconsfield Parade, Lindfield,...