Congarinni North Pty Ltd v Nambucca Valley Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

03/03/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

The case is an appeal pursuant to the Environmental Planning and Assessment Act 1979 against the refusal of a development application for the construction of a seniors housing development [1]. The Council contends that the application should be refused because it is not demonstrated that the site is suitable for accommodation due to its flood risks [3]. In deciding whether to grant development consent, the consent authority must consider (inter alia) whether the land is compatible with the development, taking into account projected changes as a result of climate change [17]. It was held that the proposal was not compatible with the flood hazard of the land; the appeal was dismissed [52].

CASE DOCUMENTS

Congarinni North Pty Ltd v Nambucca Valley Council [2024] NSWLEC 1141