OM Vinayak Pty Ltd v Central Coast Council [2022] NSWLEC 1269

OM Vinayak Pty Ltd v Central Coast Council [2022] NSWLEC 1269

The proposed development is compatible with the flood risk and hazard, as the dwelling floor level is above the Probable Maximum Flood, structural design ensures safety, and the Flood Response Plan mitigates residual risks. Performance-based assessment under Wyong Development Control Plan 2013 is satisfied, and no applicable local flood planning clause in the LEP prevents consent as the application was lodged prior to instrument amendments. The development is in the public interest, will improve existing built form, and does not set a precedent for future applications.

Jurisdiction
Australia
Judgment Date
27 May 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; consent granted
Legal Topics
['development Application' 'flood Affected Land' 'flood Hazard Compatibility' 'wyong Local Environmental Plan 2013' 'flood Planning Controls' 'performance Based Assessment' 'public Interest' 'compatibility With Flood Risk']
['planning and Environment Law'] ['development Application' 'flood Affected Land' 'flood Hazard Compatibility' 'wyong Local Environmental Plan 2013' 'flood Planning Controls' 'performance Based Assessment' 'public Interest' 'compatibility With Flood Risk']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed development is compatible with the flood hazard of the site' 'Whether shelter in place is an acceptable flood response for residential development' 'Applicability of clause 5.21 of Wyong Local Environmental Plan 2013 to the development application' 'Whether the development is in the public interest' 'Whether the development increases risk to life, property, and emergency services']

Ratio Decidendi

The proposed development is compatible with the flood risk and hazard, as the dwelling floor level is above the Probable Maximum Flood, structural design ensures safety, and the Flood Response Plan mitigates residual risks. Performance-based assessment under Wyong Development Control Plan 2013 is satisfied, and no applicable local flood planning clause in the LEP prevents consent as the application was lodged prior to instrument amendments. The development is in the public interest, will improve existing built form, and does not set a precedent for future applications.

Court Disposition

Appeal upheld; consent granted

Orders

  • ['The appeal is upheld.' 'Development application DA/621/2020 for demolition of existing structures, construction of a dual occupancy (attached) and subdivision at 37 Bondi Road, The Entrance North (Lot 151 DP 18958) is granted consent subject to the conditions in Annexure A.' 'The exhibits are returned with the...