RNB Property Group Pty Ltd v Woollahra Municipal Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

22/09/2021

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

DEVELOPMENT APPLICATION – seniors housing development in R2 Low Density Residential zone – heritage conservation area – heritage significance of local heritage item – earthworks – whether deferral of essential matter

“In reaching the required state of satisfaction, I have considered the flood risk management report prepared by Torinex dated 2 November 2021 (flood report) (Exhibit A), and I note the flood report is listed in Condition A.3 of the conditions of consent. While the flood report states that the site is flood free in a 1% AEP event, I consider the proposed conditions of consent appropriately deal with changes in flood behaviour that may result from climate change.”

CASE DOCUMENTS

RNB Property Group Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1012