Fetherston v Wollongong City Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

02/08/2016

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Judicial review

SUMMARY

The New South Wales Land and Environment Court (Brown C) has upheld an appeal against a decision to refuse the erection of a dual occupancy development. On the issue of whether a flood study should include the effect of climate change, the Court preferred the approach of an expert witness who did not include the effects of climate, though largely because such an approach was not mandated by the Wollongong Development Control Plan 2009 (at [30]).

CASE DOCUMENTS

Fetherston v Wollongong City Council [2016] NSWLEC 1527