Merrag Pty Ltd v Warringah Council

Case [2005] NSWLEC 508

Land and Environment Court


of New South Wales


CITATION:

Merrag Pty Ltd v Warringah Council [2005] NSWLEC 508
PARTIES:

APPLICANT
Merrag Pty Ltd

RESPONDENT
Warringah Council
FILE NUMBER(S):

11297 of 2004
CORAM:

Hoffman C
KEY ISSUES:

Appeal :- s 96 amendment to consent for a multi-storey mixed use residential
retail and commercial development with basement carpark.
LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
DATES OF HEARING: 14/02/2005, 06/06/2005 and 03/08/2005
EX TEMPORE JUDGMENT DATE:

08/03/2005
LEGAL REPRESENTATIVES:

APPLICANT
Mr D Briggs, solicitor
Of DG Briggs and Associates

RESPONDENT
Mr A Hudson, solicitor
SOLICITORS
Wilshire Webb


JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      Hoffman C

      3 August 2005

      11297 of 2004 Merrag Pty Ltd v

                  Warringah Council

      JUDGMENT

1 This is a s 96 application to amend existing consent 2001/0243 DA for a multi storey mixed use residential, retail and commercial development with basement carparking at No. 11 Oaks Avenue, Dee Why.

2 The building was at an advanced stage of construction at the commencement of the hearing. The hearing was adjourned twice to enable parties to negotiate and clarify anomalies in the drawings and to obtain DIPNR concurrence to works in and next to a water-course and to allow re-exhibition of updated drawings. On the 3rd occasion of the hearing that occurred during a 6 month period, the parties reached consent orders.

3 The parties are directed to have the applicant’s consult with Mr Findlay of council to advise how the basement carpark is ventilated and to correctly indicate the detention tanks on plan S96-3-DWB in Exhibit C and advise where the ventilation grilles to the basement carpark occur as they currently appear to conflict with the stormwater detention tanks and to advise if the large duct beside the lift is the carpark exhaust duct and if so, where does it discharge.

4 Appropriate conditions and amended drawings as necessary to be filed within twenty-one days. Issue of consent orders is foreshadowed in chambers once the above matters are clarified.

_________________________

      K G Hoffman

      Commissioner of the Court
      Rjs/ljr

Details
AGLC
Merrag Pty Ltd v Warringah Council [2005] NSWLEC 508
Case
[2005] NSWLEC 508
Decision Date

CaseChat Overview and Summary

Merrag Pty Ltd applied for an amendment to an existing consent for a multi-storey mixed use residential, retail, and commercial development with a basement carpark at No. 11 Oaks Avenue, Dee Why. The building was in an advanced stage of construction when the proceedings commenced. The case was heard over several months, during which the parties negotiated and clarified anomalies in the development plans. Eventually, they reached consent orders. The court required further clarification on specific aspects of the basement carpark design, including ventilation and stormwater detention tanks. The court directed the applicant to consult with the council to address these issues and provide updated drawings within 21 days. Consent orders were to be issued once the matters were clarified.

The primary legal issue was whether the existing consent could be amended to address discrepancies in the development plans. The court examined the necessity of the amendments to ensure compliance with planning regulations and to resolve issues related to the basement carpark's design. The court also considered the advanced stage of construction and the need for timely resolution to avoid further delays. The court's decision hinged on whether the proposed amendments would resolve the identified issues and ensure compliance with planning laws.

The court found that the amendments were necessary to ensure the development complied with planning regulations and to resolve discrepancies in the basement carpark design. The court acknowledged the advanced stage of construction and the need for a timely resolution to avoid further delays. The court directed the applicant to consult with the council to address specific design issues, such as the basement carpark's ventilation and stormwater detention tanks. The court required updated drawings within 21 days and foreshadowed the issuance of consent orders once the matters were clarified. The decision aimed to balance the need for compliance with planning laws and the practicalities of the ongoing construction project.

The court ordered the applicant to consult with the council to clarify specific design issues related to the basement carpark, including ventilation and stormwater detention tanks. Updated drawings were required within 21 days. The court foreshadowed the issuance of consent orders once the matters were clarified. This decision aimed to ensure the development complied with planning laws and resolved discrepancies in the development plans.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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