S J Connelly Pty Ltd v Byron Shire Council [2009] NSWLEC 1068

S J Connelly Pty Ltd v Byron Shire Council [2009] NSWLEC 1068

The development application fails as it does not adequately address the risk of increased flooding to other properties, relies on unvalidated flood modelling, and employs excessive filling and retaining wall works that intrude upon the EEC and are inconsistent with planning objectives. The construction certificate application is inconsistent with the form and intent of the 1991/453 consent, provides insufficient engineering detail, and fails the statutory tests for approval.

Parties
Applicant: S J Connelly Pty Ltd; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
09 March 2009
Procedural Posture
Appeal / Judgment After Concurrent Hearing of DA and CC Appeals
Outcome
Appeal dismissed
Legal Topics
Development Applications, Subdivision, Flooding Implications, Construction Certificates, Environmental Controls
Environmental Law Planning Law Administrative Law Development Applications Subdivision Flooding Implications Construction Certificates Environmental Controls

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Parties

S J Connelly Pty Ltd

Applicant

Byron Shire Council

Respondent

Procedural Posture

Appeal / Judgment After Concurrent Hearing of DA and CC Appeals

Legal Issues

  1. 1 Whether proposed development increases flooding impacts contrary to planning controls
  2. 2 Appropriateness of flood modelling (2003 vs 2007 Tuflow)
  3. 3 Consistency of construction certificate application with prior development consent

Ratio Decidendi

The development application fails as it does not adequately address the risk of increased flooding to other properties, relies on unvalidated flood modelling, and employs excessive filling and retaining wall works that intrude upon the EEC and are inconsistent with planning objectives. The construction certificate application is inconsistent with the form and intent of the 1991/453 consent, provides insufficient engineering detail, and fails the statutory tests for approval.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The application for a construction certificate (CC) for civil works at Lot 6 DP 1115281 Dehnga Place, Suffolk Park is refused.