Kingdom Developments 5 Pty Ltd v Wollongong City Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

26/11/2021

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

DEVELOPMENT APPLICATION – residential apartment development – shop top housing development in B4 Mixed use zone – building separation standard in B4 Mixed Use zone - flood planning – whether exhibits design excellence – conditions of consent

“In considering the matters at subcl (4), I have considered the following: In respect of the impact of the development on projected changes to flood behaviour as a result of climate change, I accept the Applicant’s submission at [98] that the maps at Appendix D of the Flood Study are either within the tolerance accommodated by Table 2 of the WDCP, or exceed the tolerance by such a minor extent, or are reasonable on merit, that the impact of the development on projected changes to flood behaviour as a result of climate change, are acceptable.”

CASE DOCUMENTS

Kingdom Developments 5 Pty Ltd v Wollongong City Council [2022] NSWLEC 1654