Pankhurst v City of Parramatta Council [2024] NSWLEC 1777

Pankhurst v City of Parramatta Council [2024] NSWLEC 1777

The development application is refused because the proposed increased intensity of sensitive use (child care centre) on flood-prone land with no reliable evacuation route presents an unacceptable risk to life, particularly for vulnerable users, and the management measures proposed place unreasonable expectations on staff. The proposal is incompatible with the flood hazard of the land and contravenes cl 6.3 of the Parramatta Local Environmental Plan 2011, and is therefore unsuitable for the site.

Parties
Applicant: Maureen Pankhurst; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
03 December 2024
Procedural Posture
Class 1 Appeal / Final Judgment After Contested Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Child Care Centre, Flood Risk, Evacuation, Sensitive Use, Local Environmental Plan
Planning and Environment Development Application Child Care Centre Flood Risk Evacuation Sensitive Use Local Environmental Plan

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Parties

Maureen Pankhurst

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the proposed child care centre is appropriate given the site's flood risk
  2. 2 Whether the proposal complies with the requirements of the Parramatta Local Environmental Plan 2011, particularly cl 6.3 (Flood Planning)
  3. 3 Whether the Flood Emergency Response Plan and Plan of Management adequately manage risks to life during flood events

Ratio Decidendi

The development application is refused because the proposed increased intensity of sensitive use (child care centre) on flood-prone land with no reliable evacuation route presents an unacceptable risk to life, particularly for vulnerable users, and the management measures proposed place unreasonable expectations on staff. The proposal is incompatible with the flood hazard of the land and contravenes cl 6.3 of the Parramatta Local Environmental Plan 2011, and is therefore unsuitable for the site.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • Development Application No DA/961/2022 for the demolition of existing structures and construction of a single-storey ninety-two (92) place centre based childcare facility with twenty-three (23) basement car parking spaces at 21B-23 Barangaroo Road, Toongabbie NSW 2146, is refused.