Newton v Great Lakes Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

09/08/2013

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal over conditions attached to a development application, approved for the construction of a new dwelling at Winda Woppa. The first condition limited the time-length of development consent to 20 years, and required a review of coastal controls 60 days prior to expiry. This means that use of the dwelling would need to cease after 20 years, subject to the costal survey. The second condition required footings and foundations to be built to support building structures, subject to projected sea level rise conditions up to 2033. The Court upheld the appeal, deleting the first condition, and upholding the second. The Court held that the second condition would mean that if severe coastal erosion occurred, this development would be better protected than many of the neighbouring buildings. The restrictions were held to be unreasonable on the occupants of the dwelling, particularly given to the on-going protection offered by the second condition.

CASE DOCUMENTS

Newton v Great Lakes Council [2013] NSWLEC 1248