Catalina Island Pty Limited v Pittwater Council [2014] NSWLEC 1125

Catalina Island Pty Limited v Pittwater Council [2014] NSWLEC 1125

The proposed development did not comply with the Development Control Plan's special flood protection requirements for seniors housing, and the proposed or possible alternative measures could not confidently provide safe evacuation or achieve the protective objectives of the standards. Applying s 79C(3A)(b), there was no reasonable alternative solution that achieved the objects of the flood standards, so the flood risk to vulnerable occupants or visitors was unacceptable and development consent was refused.

Jurisdiction
Australia
Judgment Date
27 June 2014
Procedural Posture
Class 1 Development Application Appeal / Hearing and Determination After Unsuccessful Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
The appeal is dismissed and development consent is refused.
Legal Topics
['flood Risk' 'housing for Seniors or People With a Disability' 'development Control Plan Compliance' 'shelter in Place and Safe Haven Evacuation' 'section 79 C(3 A) Flexibility for Development Control Plans']
['planning and Environment Law' 'development Consent' 'land and Environment Court Proceedings'] ['flood Risk' 'housing for Seniors or People With a Disability' 'development Control Plan Compliance' 'shelter in Place and Safe Haven Evacuation' 'section 79 C(3 A) Flexibility for Development Control Plans']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal / Hearing and Determination After Unsuccessful Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed eight-apartment seniors or disability housing development should be granted development consent despite non-compliance with flood-related Development Control Plan standards.' 'Whether alternative flood mitigation measures could provide a reasonable alternative solution achieving the objectives of the Development Control Plan standards under s 79C(3A)(b) of the Environmental Planning and Assessment Act 1979.' 'Whether flood evacuation risks for occupants or visitors on the lower levels of Units 1 to 4 were acceptable.']

Ratio Decidendi

The proposed development did not comply with the Development Control Plan's special flood protection requirements for seniors housing, and the proposed or possible alternative measures could not confidently provide safe evacuation or achieve the protective objectives of the standards. Applying s 79C(3A)(b), there was no reasonable alternative solution that achieved the objects of the flood standards, so the flood risk to vulnerable occupants or visitors was unacceptable and development consent was refused.

Court Disposition

The appeal is dismissed and development consent is refused.

Orders

  • ['The appeal is dismissed;' 'Development Application N0001/14 for construction of eight apartments pursuant to State Environmental Planning Policy (Housing for Seniors and Persons with a Disability) 2004 is determined by the refusal of development consent;' 'The exhibits, other than Exhibit 4, are returned.']