ordinary meeting of council to be held on tuesday, 26 april 2005 at ...

Ordinary Meeting <strong>of</strong> Council - 26 April 2005 9 / 2
Item 9
DA1081/04
24 March 2005
PURPOSE OF REPORT
To consider a request by the Applicant for 1580-1596 Pacific Highway Wahroonga <strong>to</strong> alter the
terms <strong>of</strong> a Council drainage easement over five downstream properties <strong>to</strong> permit connection and
discharge in<strong>to</strong> a Council pipeline.
BACKGROUND
The applicant, Meri<strong>to</strong>n Apartments Pty Ltd has submitted a Development Application (DA1081/04)
for the redevelopment <strong>of</strong> seven residential buildings, containing 157 apartments.
The development is located at 1580-1596 Pacific Highway situated at the corner <strong>of</strong> Munderah
Street, Wahroonga. This site comprises the following lands, Lot B in DP301211, Lots 1 and 2 in
DP 614137, Lots 1 and 2 in DP 228983, Lot X in DP 401889, Lot B in DP 390737 and Lot B in DP
334713.
The disposal <strong>of</strong> s<strong>to</strong>rmwater from the site requires connection in<strong>to</strong> the Council pipeline that is
contained within two consecutive drainage easements, impacting on the five downstream properties.
S<strong>to</strong>rmwater <strong>of</strong>f Munderah Road and Pacific Highway upstream is conveyed by a 450mm diameter
pipe across the subject property. It then increases <strong>to</strong> a 525mm across No’s 5, 7 and 9 Rhonda
Close, and <strong>to</strong> a 675mm diameter across No’s 17 and 19 Gilda Avenue downstream <strong>be</strong>fore reaching
Gilda Avenue. A location plan <strong>of</strong> the drainage and easement is shown on Attachment 1.
Existing terms <strong>of</strong> the easement permit surface and s<strong>to</strong>rmwaters from the Pacific Highway,
Munderah and Rhonda Close only. In order <strong>to</strong> permit the connection and disposal <strong>of</strong> s<strong>to</strong>rmwater
from the applicant’s property, the terms <strong>of</strong> the easement need <strong>to</strong> <strong>be</strong> altered, requiring letters <strong>of</strong>
consent from all five affected downstream owners.
Since Oc<strong>to</strong><strong>be</strong>r 2004, Meri<strong>to</strong>n has negotiated with downstream owners and consulted with Council
regarding easements in order <strong>to</strong> advance the timing for the development, rather than postpone until
Council determination on the lodged DA1081/04 with pre-commencement conditions.
The applicant has submitted a S<strong>to</strong>rmwater plan report No X04389-01 dated Decem<strong>be</strong>r 2004,
prepared by Brown Consulting (NSW) Pty Ltd <strong>to</strong> address s<strong>to</strong>rmwater management on the site and
downstream flooding.
COMMENTS
Of the five properties affected downstream, there are two dedicated Council easements:
• LD2328, 1.83 metres wide, burdening No’s 5, 7 and 9 Rhonda Close.
• LD 772 1.83 metres wide burdening No’s 17 and 19 Gilda Avenue.
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