Universal Property Group v Kiama Municipal Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

04/09/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

“the Parties have advised, and I am satisfied, that the provisions of cl 5.21(2) of KLEP, which are a precondition to the grant of consent, have been satisfied on the basis that: the Applicant’s Amended development application is accompanied by flood mappings and a flood study and maps; the Applicant’s flood model, which includes consideration of climate change factors, confirms that any future dwelling can be constructed above the 100 year average recurrence interval (ARI) flood level, including in circumstances where there is a100% blockage of stormwater systems;”

CASE DOCUMENTS

Universal Property Group v Kiama Municipal Council [2022] NSWLEC 1634