Lensing v Snowy Valley Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

04/08/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

DEVELOPMENT APPLICATION – dwelling house construction - flooding impact – proximity to riparian land with biodiversity values mapped – reliance on evacuation plan

"Based on the evidence before the Court, I find that the applicant has not provided sufficient information to assess the potential and likely flood impact to the site, areas surrounding the site and to future residents, from all potential flood events, and in particular the 1% AEP event. The applicant has not demonstrated to the satisfaction of the Court the likely impacts to the site and proposed development due to flooding, the conditions under which this impact may occur and the appropriate mitigation to reduce risk to life and property. The applicant relies primarily on flood modelling for the 1% AEP event, which I agree with Dr Martens is flawed. The data that informs the model is not sufficiently accurate with regards to elevations, flood depth, flooding orientation, blockages and climate change impacts. There is sufficient uncertainty derived from the model as to the potential level of flooding across and around the site, the time it will take for flood waters to traverse the site and the flood duration. This information forms the basis for a well-informed evacuation plan."

CASE DOCUMENTS

Lensing v Snowy Valley Council [2022] NSWLEC 1486