A&G Holdings Pty Ltd v Shellharbour City Council [2020] NSWLEC 1083

A&G Holdings Pty Ltd v Shellharbour City Council [2020] NSWLEC 1083

Despite the designation of the site as high flood risk and the non-compliance with prescriptive controls, the proposed development meets the objectives and performance criteria of the relevant planning instruments and policies through exceptional design measures, provides adequate risk management and evacuation options, and does not present unacceptable risk to life or property. Therefore, consent should be granted subject to appropriate conditions.

Jurisdiction
Australia
Judgment Date
24 February 2020
Procedural Posture
Class 1 Development Appeal / Judgment After Hearing
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'flood Risk' 'ecologically Sustainable Development' 'coastal Management' 'residential Development' 'statutory Interpretation' 'development Control Plans']
['planning and Environment Law'] ['development Application' 'flood Risk' 'ecologically Sustainable Development' 'coastal Management' 'residential Development' 'statutory Interpretation' 'development Control Plans']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development is acceptable on flood prone land under relevant planning instruments and controls' 'Whether the development satisfies the objectives of relevant local environmental plans and development control plans despite flood risk' 'Whether exception to prohibition on residential development on high flood risk land is established']

Ratio Decidendi

Despite the designation of the site as high flood risk and the non-compliance with prescriptive controls, the proposed development meets the objectives and performance criteria of the relevant planning instruments and policies through exceptional design measures, provides adequate risk management and evacuation options, and does not present unacceptable risk to life or property. Therefore, consent should be granted subject to appropriate conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend its development application and to rely on amended plans.' "The Applicant is to pay the Respondent's costs thrown away as a result of amending the development application as agreed or assessed under s 8.15(3) of the Environmental Planning and Assessment Act 1979." 'The...