Group HIS Pty Ltd v Inner West Council [2019] NSWLEC 1089

Group HIS Pty Ltd v Inner West Council [2019] NSWLEC 1089

The proposed development is not compatible with the flood hazard of the site for use as a hospital. Reliance on a flood emergency management plan without detailed risk assessment is insufficient to address risk to life, particularly to the most vulnerable. The site is unsuitable for a hospital, and the proposed development does not satisfy relevant legislative and planning controls.

Parties
Applicant: Group HIS Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
07 March 2019
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Final Judgment
Outcome
Appeal dismissed, development application refused
Legal Topics
Development Application, Flooding Hazard, Heritage Conservation, Bulk and Scale, Transition Between Zones
Environmental and Planning Law Development Application Flooding Hazard Heritage Conservation Bulk and Scale Transition Between Zones

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Parties

Group HIS Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Final Judgment

Legal Issues

  1. 1 Whether the proposed development results in unacceptable risk to life due to flooding hazard
  2. 2 Whether the proposed development results in unreasonable impacts to the heritage conservation area and streetscape

Ratio Decidendi

The proposed development is not compatible with the flood hazard of the site for use as a hospital. Reliance on a flood emergency management plan without detailed risk assessment is insufficient to address risk to life, particularly to the most vulnerable. The site is unsuitable for a hospital, and the proposed development does not satisfy relevant legislative and planning controls.

Court Disposition

Appeal dismissed, development application refused

Orders

  • The appeal is dismissed
  • Development Application 2017/151.1 is refused