Ison v Richmond Valley Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

20/10/2011

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal against the refusal by the Richmond Valley Council of a development application for restoration works to an existing rural dwell. The Council refused the application on the grounds that the work was wholly located within a high flood-way hazard category, which precluded residential development, and the risk to life and property of future occupants from the effects of flood did not support the approval of a development. The Court dismissed the appeal, finding that the structural characteristics of the works would not necessarily be capable of withstanding flooding.

CASE DOCUMENTS

Ison v Richmond Valley Council [2012] NSWLEC 1167