Calco Surveyors Pty Ltd v Gloucester Shire Council [2007] NSWLEC 396

Calco Surveyors Pty Ltd v Gloucester Shire Council [2007] NSWLEC 396

Given the flood risk, limited safe evacuation time, and that the land remains a small island within a high hazard area, approving the development would be inappropriate and contrary to the Flood Plain Management Plan. Precedent and policy also require refusal of the application.

Jurisdiction
Australia
Judgment Date
18 June 2007
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment (ex Tempore)
Outcome
Appeal dismissed
Legal Topics
['development Application' 'flood Plain Management' 'local Environmental Plans' 'land Use Zoning']
['planning and Environment Law'] ['development Application' 'flood Plain Management' 'local Environmental Plans' 'land Use Zoning']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment (ex Tempore)

Legal Issues

  1. 1 ['Whether a dwelling house should be approved on flood-affected land classified as high hazard under the Gloucester Flood Plain Management Plan' 'Whether the proposed development satisfies the requirements under the Environmental Planning and Assessment Act 1979 and Gloucester LEP 2000' 'Effect of flood hazard classification on assessment of development applications']

Ratio Decidendi

Given the flood risk, limited safe evacuation time, and that the land remains a small island within a high hazard area, approving the development would be inappropriate and contrary to the Flood Plain Management Plan. Precedent and policy also require refusal of the application.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal in respect of No. 50 Thunderbolts Way, Gloucester is dismissed.' 'The development application submitted to Gloucester Shire Council is refused.' 'The exhibits, except 4 and 5, are returned to the parties.']