Opera Properties v Northern Beaches Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

14/08/2017

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

Appeal following refusal of development application by council. Proposed development failed to achieve preconditions for stormwater/water quality controls, and natural hazard prevention as required by planning law. Bushfire assessment was key to assessing whether development application was satisfactory. Appeal dismissed. CATCHWORDS: DEVELOPMENT APPEAL: Subdivision – power of the Court to vary easement to accommodate access for additional residential lots resulting from the development – owners consent – appropriateness and safety of vehicular and pedestrian access – bushfire management - location of asset protection zones not wholly within the development – appropriateness of alternative bushfire risk assessment by short run fire modelling – land slope – residential lots within outer creek line corridor – vehicular access to development not suitable – development fails precondition.

CASE DOCUMENTS

Opera Properties v Northern Beaches Council [2017] NSWLEC 1507