Salic v City of Parramatta Council [2021] NSWLEC 1309

Salic v City of Parramatta Council [2021] NSWLEC 1309

The proposed development is permissible in the zone, predominantly sited in the Medium Flood Risk Precinct, complies with planning standards, and the risk to life from flooding, particularly in the rear yard, is remote and sufficiently mitigated by elevation, fencing, warning signs, and an emergency response plan. The private open space provided is acceptable. Consequently, development consent may be granted.

Parties
Applicant: Manda Salic; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
01 June 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld. Development consent granted.
Legal Topics
Development Application, Flood Hazard, Dual Occupancy, Private Open Space, Risk to Life, Zoning, Planning Controls
Planning and Environment Law Development Application Flood Hazard Dual Occupancy Private Open Space Risk to Life Zoning Planning Controls

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Parties

Manda Salic

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed dual occupancy development is suitable for the flood affected site given the potential increased risk to life and compliance with planning controls
  2. 2 Whether the rear yards provide acceptable private open space despite being partly within a high flood hazard area

Ratio Decidendi

The proposed development is permissible in the zone, predominantly sited in the Medium Flood Risk Precinct, complies with planning standards, and the risk to life from flooding, particularly in the rear yard, is remote and sufficiently mitigated by elevation, fencing, warning signs, and an emergency response plan. The private open space provided is acceptable. Consequently, development consent may be granted.

Court Disposition

Appeal upheld. Development consent granted.

Orders

  • The appeal is upheld.
  • Development consent for the demolition of the dwelling house and detached garage, and the construction of a dual occupancy development, at 88 Grose Street, North Parramatta, is granted subject to the conditions in Annexure A.