Webster v Muswellbrook Shire Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

07/08/2013

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

The Websters wanted to establish a dual occupancy development on their property, which was located in a floodplain. The objectives of the zone in which the property was located included the obejctive of promoting the principles of ecologically sustainable development (ESD). The local environmental plan contained an objective of ensuring that development 'is compatible with the flood risk of the area'. When assessing the level of flood risk the Court did not consider the effects of climate change. The existing level of risk was sufficient to satisfy the Court that the application should not be permitted.

CASE DOCUMENTS

Webster v Muswellbrook Shire Council [2013] NSWLEC 1146