Mersonn Pty Ltd v Woollhara Municipal Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

12/09/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

Merits review

SUMMARY

MODIFICATION APPLICATION— modification application for dwelling house development in R2 low density residential zone – heritage conservation area – conciliation conference – agreement between parties - orders

“Section 10.22 of the Biodiversity and Conservation SEPP requires, relevantly, consideration of the minimisation of the risk to development on foreshore land from rising sea levels or changing flood patterns as a result of climate change. On the basis of the site survey, prepared by Project Surveyors dated 18 May 2015, denoting relative levels, and the agreement of the experts engaged by the parties, that the ground floor level has been elevated appropriately, I consider the provision addressed.”

CASE DOCUMENTS

Mersonn Pty Ltd v Woollhara Municipal Council [2022] NSWLEC 1517