MH Property No 2 Pty Ltd v Wollongong City Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

18/12/2023

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

The case concerns a development approval sought by MH Property No 2 Pty Ltd (MH) to build multi-dwelling housing [1]. The Wollongong City Council opposes this on the basis that the proposed development does not maintain the flood function of the land [3]. In determining whether the development is compatible with the flood function on the land, recourse is had to projected changes as a result of climate change ([16]; see also, eg, [57]–[58], [71]–[76]).

CASE DOCUMENTS

MH Property No 2 Pty Ltd v Wollongong City Council [2024] NSWLEC 1568