Castagnet Investments v Woollahra Council (No 2)

[2009] NSWLEC 1158

Land and Environment Court

of New South Wales

CITATION:	Castagnet Investments v Woollahra Council (No 2) [2009] NSWLEC 1158
PARTIES:	APPLICANT Castagnet Investments Pty Limited RESPONDENT Woollahra Council
FILE NUMBER(S):	10565 of 2005
CORAM:	Brown C
KEY ISSUES:	APPEAL :- consent orders - modification of conditions of consent for the location of an easement and Stormwater Management Plan
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979
DATES OF HEARING:	22 May 2009
EX TEMPORE JUDGMENT DATE:	22 May 2009
LEGAL REPRESENTATIVES:	APPLICANT Mr S Griffiths, solicitor SOLICITORS Pikes Lawyers RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Brown C

22 May 2009

10565 of 2009 Castagnet Investments Pty Limited v Woollahra Council

JUDGMENT

1 COMMISSIONER: This matter comes before the Court for Consent Orders in relation to an application modify to an approval granted by the Land and Environment Court on 29 May 2007 (Castagnet Investments Pty Limited v Woollahra Council ) for the demolition of all existing structures and the construction of a new three-storey residential flat building with basement car parking at 124-126 Bellevue Road, Bellevue Road Hill.

2 The modification application seeks to amend the conditions 24 and 27A. These conditions relate to the Stormwater Management Plan and the creation of an easement over adjoining properties, respectively. In essence, the modification to the approved conditions seeks to amend the location of the easement, to a minor extent (Option B), and consequent details in the Stormwater Management Plan.

3 In accordance with the Practice Note – Class 1 Development Appeals (cll 35 and 36) the "consent authority will be required to demonstrate that relevant statutory provisions have been complied with and that any objection by any person has been properly taken into account".

4 In considering the consent orders, the Court was advised that the modification was advertised and no parties indicated that they wished to be heard at the hearing of the Consent Orders. The Court was also advised that the council had no objections to the amended location of the easement and the amended Stormwater Management Plan.

5 By consent, the Orders of the Court are:

1. The Appeal be upheld.
2. Condition 24 of the consent numbered DA840/2004 issued by Land and Environment Court dated 29 May 2007 be amended as follows:

24. Stormwater Drainage and Management Plan including On-site Detention

Prior to the issue of the Construction Certificate, a Stormwater Management Plan for the development site must be submitted and approved by the Accredited Certifier. This Condition is imposed to ensure site stormwater is disposed in a controlled and sustainable manner.

The Stormwater Management Plan must be in accordance with Council's Draft Stormwater Drainage Management Development Control Plan, and generally in accordance with the drainage plans and documentation prepared by Stormwater Management Plans by ACOR Consultants P/L (Refer to Project No. SY030724 Dwgs C1.01 & C1.02 Rev C dated 17th December 2004). The route of the pipe shall be in accordance with the "Construction Stormwater Management Plan - Easement for Drainage - Option B" prepared by ACOR Consultants, Project No SY 03.0724 Dwg. No. CK20.02 issue C dated 20.02.08

Stormwater run-off from the proposed development must drain to Council's in ground drainage infrastructure within Carlotta Road. The extension of Council's in ground drainage infrastructure will require a Roads Act consent, which must be obtained prior to the issue of the Construction Certificate.

New drainage systems must be designed having regard to the need to prevent stormwater from entering buildings in accordance with the Building Code of Australia (BCA).

An on-site stormwater detention (OSD) system must be provided. The - minimum (On) Site Storage Requirements (SSR) and the Peak Site Discharge (PSD) from the site must be designed according to the following storage/discharge relationships taken from Council's Draft Stormwater Development Control Plan.

2 year ARI	P.S.D	32.6	L/s
Min. Volume	5.5	m3
100 Year ARI	P.S.D	47.2	L/s
Min. Volume	37.4	m3
(Residential Flat Building)

The Stormwater Management Plan must include the following specific requirements:

a) Layout plan

A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include:

• All pipe layouts, dimensions, grades, lengths and material specification
• Location of On-site Detention unit
• All invert levels reduced to Australian Height Datum (AHD)
• Location and dimensions of all drainage pipes
• Point and method of connection to Council's drainage infrastructure

b) On-site Detention (OSD) details:
• Internal dimensions and volume of the proposed detention storage.
• Diameter of the outlet to the proposed detention storage basin.
• Plans elevations and sections showing the detention storage basin invert level, centre-line level of outlet, top water level, finished surface level and adjacent structures.
• Details of access and maintenance facilities.
• Construction and structural details of all tanks and pits and/or manufacturer's specifications for proprietary products.
• Details of the emergency overland flow-path (to an approved Council drainage point) in the event of blockage to the on-site detention system.
• Non-removable fixing details for orifice plates where used.

c) Copies of certificates of tile, showing the creation of private easements to drain water by gravity.

d) Subsoil drainage

• Subsoil drainage details, clean-out points and discharge point.
3. Condition 27A of the consent numbered DA840/2004 issued by Land and Environment Court dated 29 May 2007 be amended as follows:

27A. The stormwater drainage easement shall be located in the position shown on the plan "Construction Stormwater Management Plan - Easement for Drainage - Option B" prepared by ACOR Consultants Project no. SY03.0724 Dwg. No. CK20.02 issue C dated 20.02.08.


4. No order as to costs.

_____________
G T Brown
Commissioner of the Court