Michael Brown Planning Strategies v Wingecarribee Shire Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

03/04/2019

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

(Catchwords from first judgment) DEVELOPMENT APPLICATION – residential flat building and community title subdivision – whether the development as proposed is compatible with the flood hazard of the land – delivery of drainage upgrade works – appeal dismissed

(Catchwords from second judgment) APPEAL - proposed residential flat building development - development in flood risk area - unless removed, flood risk precludes granting of development consent - Council refused development consent on the basis, inter alia, of flood risk - Class 1 merit appeal - Applicant supported use of a deferred commencement condition to resolve flood risk and render the proposed development approvable - Commissioner concluded that, having regard to the flood planning clause in the Wingecarribee Local Environmental Plan 2010, use of a deferred commencement condition for this purpose was not permissible - Commissioner refused development consent on this basis - Applicant alleges error of law in Commissioner's conclusion - Applicant pleads four grounds in support of this appeal pursuant to s 56A of the Land and Environment Court Act 1979 - all four grounds rely on the Applicant's interpretation of an element of the flood-planning clause - Applicant's interpretation rejected - appeal dismissed - Applicant to pay Respondents costs as agreed or assessed

CASE DOCUMENTS

Michael Brown Planning Strategies v Wingecarribee Shire Council [2019] NSWLEC 1311
Michael Brown Planning Strategies v Wingecarribee Shire Council (No 2) [2019] NSWLEC 192