Lensing v Snowy Valley Council [2022] NSWLEC 1486

Lensing v Snowy Valley Council [2022] NSWLEC 1486

The application was refused because the applicant failed to provide sufficient and reliable information to demonstrate that the proposed development adequately mitigates the unacceptable risk to life from flooding. The flood modelling and evacuation planning were found to be deficient, and the current evidentiary record did not allow the Court to be satisfied that requirements concerning flooding under the relevant planning controls and section 4.15 of the EPA Act had been met.

Parties
First Applicant: Chad Lensing; Second Applicant: Elaine Lensing; Respondent: Snowy Valley Council
Jurisdiction
Australia
Judgment Date
13 September 2022
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
Appeal dismissed. Development consent refused.
Legal Topics
Development Consent, Flood Risk Assessment, Evacuation Planning, Biodiversity Values, Jurisdictional Requirements
Planning and Environment Law Development Consent Flood Risk Assessment Evacuation Planning Biodiversity Values Jurisdictional Requirements

Case Brief

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Parties

Chad Lensing

First Applicant

Elaine Lensing

Second Applicant

Snowy Valley Council

Respondent

Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 Whether sufficient information has been provided to assess flooding and risk to life for the proposed development
  2. 2 Whether the risk to human life and property from flooding is acceptable
  3. 3 Application of relevant legislative and guideline requirements on flood planning in the context of a residential development

Ratio Decidendi

The application was refused because the applicant failed to provide sufficient and reliable information to demonstrate that the proposed development adequately mitigates the unacceptable risk to life from flooding. The flood modelling and evacuation planning were found to be deficient, and the current evidentiary record did not allow the Court to be satisfied that requirements concerning flooding under the relevant planning controls and section 4.15 of the EPA Act had been met.

Court Disposition

Appeal dismissed. Development consent refused.

Orders

  • The appeal is dismissed.
  • Development consent for Development Application 2020/0228 seeking construction of a two-storey dwelling and shed on Lot 12 DP 125902, 12 Bombowlee Avenue, Bombowlee, is refused.