Xu and Cui v The City of Canada Bay Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

19/07/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

Merits review

SUMMARY

DEVELOPMENT APPLICATION – dwelling house – alterations and additions – cl 4.6 written request – height of building – floor space ratio – agreement between the parties – orders

"In satisfaction of the matters set out at cl 6.4(3), the parties agree, and I am satisfied, that the development is consistent the objectives of the R2 Low Density Residential zone for reasons already set out in this judgment. The prevailing character of the immediate vicinity comprises detached and semi-detached residential dwellings, multi-dwelling houses and residential flat buildings. The appearance of the proposed development is consistent and compatible with nearby development. As previously noted, the proposed development will result in a reduction in stormwater pollutants deposited into the adjacent waterway, mitigating the impacts of the existing residential use on marine habitat. No vegetation is proposed to be cleared, and the use of the neighbouring park and dwellings remain unaffected. Additionally, no conflict with the public use of the adjacent open space and waterways will arise given the dwelling house is pre-existing and there is proposed to be a reduction in the intensity of use of the land immediately adjacent to the foreshore. The proposed development does not compromise the future use of the shoreline. The presentation of the site to the foreshore will be improved with the proposed reduction in size of the existing boat shed and refurbishment of the existing swimming pool. Any anticipated sea level rise or change of flooding patterns as a result of climate change have been considered in the Applicant's Concept Stormwater Quality Management Plan and supplementary hydraulic statements and plans.

CASE DOCUMENTS

Xu and Cui v The City of Canada Bay Council [2022] NSWLEC 1549