Smith v Pittwater Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

17/05/2012

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal against Pittwater Council's decision to refuse a development application for a multipurpose building, including residential and commercial spaces. The key environmental consideration was risk to future occupants through flooding. The Court upheld the appeal, and granted the permit. It found that there was a general lack of information upon which to make a conclusive assessment of the risk posed by flooding, and that even conservative estimates were within acceptable risk parameters.

CASE DOCUMENTS

Smith v Pittwater Council [2013] NSWLEC 1145