Platford v van Veenendaal and Shoalhaven City Council [2018] NSWLEC 27

Platford v van Veenendaal and Shoalhaven City Council [2018] NSWLEC 27

The Council failed to consider relevant matters in determining to grant consent to the development application, specifically the effects of coastal inundation by wave runup on the screen wall and the likely effect of the screen wall on wave runup flows. These failures were material and invalidate the consent.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Development consent declared invalid and set aside; injunction granted; proceedings listed for directions on costs.
Legal Topics
['judicial Review of Development Consent' 'coastal Zone Management' 'development Controls' 'environmental Risk Assessment']
['administrative Law' 'planning and Environment Law'] ['judicial Review of Development Consent' 'coastal Zone Management' 'development Controls' 'environmental Risk Assessment']

Case Brief

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Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 ['Whether council was the correct consent authority to grant development consent for works associated with a seawall' 'Whether council properly considered height controls for ancillary structures under Shoalhaven Development Control Plan 2014' 'Whether council considered effects of coastal inundation (wave runup) on the screen wall of the boathouse arm' 'Whether council failed to consider relevant matters under Shoalhaven DCP, Shoalhaven LEP, and Coastal Protection SEPP']

Ratio Decidendi

The Council failed to consider relevant matters in determining to grant consent to the development application, specifically the effects of coastal inundation by wave runup on the screen wall and the likely effect of the screen wall on wave runup flows. These failures were material and invalidate the consent.

Court Disposition

Development consent declared invalid and set aside; injunction granted; proceedings listed for directions on costs.

Orders

  • ['Declares that the development consent granted by Shoalhaven City Council in respect of the Development Application 16/1341 is invalid and of no effect.' 'Sets aside the Purported Consent for DA 16/1341.' 'Grants an injunction restraining the first respondent from undertaking any development in reliance upon the...