Rothshire Pty Ltd v Fairfield City Council [2021] NSWLEC 1649

Rothshire Pty Ltd v Fairfield City Council [2021] NSWLEC 1649

The application was refused because the proposed subdivision does not satisfy the relevant flood risk controls and objectives in section 11.8 of the Fairfield City-wide Development Control Plan. Intensification of residential use on land mapped as a high flood risk precinct creates unacceptable risks to life and property and is not a feasible alternative solution meriting flexibility under s 4.15(3A)(b). Approval is not in the public interest.

Parties
Applicant: Rothshire Pty Ltd; Respondent: Fairfield City Council
Jurisdiction
Australia
Judgment Date
12 November 2021
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Flood Risk, Land Subdivision
Planning Law Environmental Law Development Application Flood Risk Land Subdivision

Case Brief

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Parties

Rothshire Pty Ltd

Applicant

Fairfield City Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed subdivision complies with planning controls regarding flood risk
  2. 2 Whether the development is suitable for residential purposes given flood precinct categorisation
  3. 3 Compatibility of proposed development with Fairfield Local Environmental Plan controls

Ratio Decidendi

The application was refused because the proposed subdivision does not satisfy the relevant flood risk controls and objectives in section 11.8 of the Fairfield City-wide Development Control Plan. Intensification of residential use on land mapped as a high flood risk precinct creates unacceptable risks to life and property and is not a feasible alternative solution meriting flexibility under s 4.15(3A)(b). Approval is not in the public interest.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application 492.1/2019 seeking consent for subdivision of one lot into two lots, associated internal fencing, landscape and stormwater works is determined by way of refusal.