McDonagh Developments Pty Ltd v Georges River Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

18/10/2021

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

DEVELOPMENT APPEAL – seniors housing development - conciliation conference – agreement between the parties - orders

“The parties submit that it is unclear whether the Site is within a flood planning area in order to engage the provisions of cl 5.21 of the HLEP. The reason for the uncertainty is that the Site is affected by an overland flow path. In any event, a flood study was submitted with the DA and has been updated with the amended Proposed Development, namely Flood Report 9/6/22 Issue C Prepared by United Hydraulic Consultants and filed on 15 June 2022. The overland flow was assessed as part of a Council adopted study in 2016 which included a consideration of climate change”

CASE DOCUMENTS

McDonagh Developments Pty Ltd v Georges River Council [2022] NSWLEC 1327