Smith v Camden Council [2025] NSWLEC 1027

Smith v Camden Council [2025] NSWLEC 1027

The applications failed because they were not capable of proper assessment due to insufficient and inconsistent details about the works, and in any event, the works as identified would create adverse flooding impacts on neighbouring properties and the public interest does not support granting consent or certificate. Both appeals were dismissed.

Parties
First Applicant: Dean Smith; Second Applicant: Leanne Smith; Respondent: Camden Council
Jurisdiction
Australia
Judgment Date
22 January 2025
Procedural Posture
Class 1 Appeal / Judgment After Hearing
Outcome
Appeals dismissed; development application and building information certificate application refused.
Legal Topics
Development Application, Building Information Certificate, Drainage Easement, Flooding, Public Interest
Planning and Environment Law Development Application Building Information Certificate Drainage Easement Flooding Public Interest

Case Brief

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Parties

Dean Smith

First Applicant

Leanne Smith

Second Applicant

Camden Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment After Hearing

Legal Issues

  1. 1 Scope and adequacy of the Amended Development Application and BIC Application
  2. 2 Whether the applications are capable of proper assessment
  3. 3 Whether subsections 6.25(1)(a) and (b) of the EPA Act are enlivened for the BIC

Ratio Decidendi

The applications failed because they were not capable of proper assessment due to insufficient and inconsistent details about the works, and in any event, the works as identified would create adverse flooding impacts on neighbouring properties and the public interest does not support granting consent or certificate. Both appeals were dismissed.

Court Disposition

Appeals dismissed; development application and building information certificate application refused.

Orders

  • In Proceedings 2023/320704: The appeal is dismissed; development application DA/2023/390/1 is refused; exhibits are returned except for 3, 4, A, B, G.
  • In Proceedings 2023/320711: The appeal is dismissed; building information certificate application BC/2023/33/1 is refused; exhibits are returned except for 3, 4, A, B, G.