Odisho v Central Coast Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

03/11/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Judicial review

SUMMARY

APPEAL – development application – construction of a swimming pool seaward of the coastal building line – coastal erosion – whether it will increase the risk of beach erosion – definition of beach erosion – whether it will impact coastal management

“For the reasons expressed above, none of the contentions raised by the Council warrant refusal of the development application. The proposed pool meets the exemption to the coastal building line in the GDCP, as it is an ancillary structure, it does not present a risk to life or property, and the piles which are necessary to prevent risk to life or property in the event of a storm will only cause a minor impact on coastal erosion, with any such impact confined to the site. I have considered the matters in ss 2.10 and 2.11 of the SEPP RH and I am satisfied of the matters in s 2.10(2) and 2.11(1)(b). As the impact is confined to the site and only occurs in the event of an erosion event that exceeds the 1 in 100 AEP, I am also satisfied that the proposed development will not cause an increased risk of coastal hazards, including beach erosion. Consistent with s 2.13 of the SEPP RH, I have considered the relevant provisions of the CZMP and find that the proposed development is generally consistent with the factors identified as informing an acceptable level of risk for development.”

CASE DOCUMENTS

Odisho v Central Coast Council [2023] NSWLEC 1017