Ni v Blacktown City Council [2009] NSWLEC 1112

Ni v Blacktown City Council [2009] NSWLEC 1112

There is insufficient evidence to conclude the proposed development will not adversely affect efficiency or restrict capacity of the floodway, affect flow of flood water on adjoining land, or create hazard to life or property during flood, due to limitations of applicant's modelling and design. As such, development application must be refused under LEP 1988 cl 20(2).

Jurisdiction
Australia
Judgment Date
21 April 2009
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'flooding' 'brothel Approval']
['planning Law'] ['development Application' 'flooding' 'brothel Approval']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether proposed development complies with flood-related planning controls' 'Whether the HEC-RAS modelling provides sufficient certainty regarding overland flooding impacts' 'Whether development will adversely impact neighbouring properties or create hazards during a flood']

Ratio Decidendi

There is insufficient evidence to conclude the proposed development will not adversely affect efficiency or restrict capacity of the floodway, affect flow of flood water on adjoining land, or create hazard to life or property during flood, due to limitations of applicant's modelling and design. As such, development application must be refused under LEP 1988 cl 20(2).

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development Application No. 08-755 for demolition of all structures and erection of a brothel at 22 Tattersall Rd, Kings Park is refused.' 'The exhibits are returned.']