Riverstone Parade Pty Limited v Blacktown City Council [2015] NSWLEC 1005

Riverstone Parade Pty Limited v Blacktown City Council [2015] NSWLEC 1005

Consent must be refused because the proposed development would result in an increase in flood levels on adjoining properties, contrary to the unqualified prohibition in cl 20(2)(b) of the State Environmental Planning Policy (Sydney Regional Growth Centres) 2006; compliance with this provision is a precondition to granting consent, regardless of whether the increase is minor or within modelling accuracy.

Jurisdiction
Australia
Judgment Date
09 January 2015
Procedural Posture
Development Application Appeal / Principal Judgment; Appeal of Council DA Refusal
Outcome
Appeal dismissed; development application refused
Legal Topics
['development Application' 'floodplain Management' 'environmental Planning Instruments' 'earthworks' 'flooding Impacts' 'interpretation of Planning Controls']
['planning and Environment Law'] ['development Application' 'floodplain Management' 'environmental Planning Instruments' 'earthworks' 'flooding Impacts' 'interpretation of Planning Controls']

Case Brief

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Procedural Posture

Development Application Appeal / Principal Judgment; Appeal of Council DA Refusal

Legal Issues

  1. 1 ['Whether development proposal complies with planning controls regarding floodplain management under SEPP and DCP' "Proper construction of SEPP clause 20(2)(b) – 'does not increase flood levels on adjoining properties'" 'Impacts of proposed bulk earthworks and fill on local and regional flood levels' 'Assessment and modelling of flood impacts associated with the development proposal' 'Consideration of cumulative and precedent impacts of fill within the floodplain']

Ratio Decidendi

Consent must be refused because the proposed development would result in an increase in flood levels on adjoining properties, contrary to the unqualified prohibition in cl 20(2)(b) of the State Environmental Planning Policy (Sydney Regional Growth Centres) 2006; compliance with this provision is a precondition to granting consent, regardless of whether the increase is minor or within modelling accuracy.

Court Disposition

Appeal dismissed; development application refused

Orders

  • ['The appeal is dismissed.' 'Development Application DA-13-1845 for Stage 1 bulk earthworks and associated activities on part of Lot 211, DP 830505, Riverstone is refused.' 'The exhibits except B and 5 are returned.']