Walter Elliott Holdings Pty Ltd v Tweed Shire Council [2011] NSWLEC 1383

Walter Elliott Holdings Pty Ltd v Tweed Shire Council [2011] NSWLEC 1383

The proposed modification, including the additional fill and drainage easement, does not unacceptably impact flooding, drainage, or amenity, and the conditions of consent, including provision of a 1 m wide drainage easement in favour of council, fairly and reasonably relate to the development and its benefit. The application merits approval subject to appropriate conditions.

Jurisdiction
Australia
Judgment Date
19 December 2011
Procedural Posture
Appeal Class 1 (development Appeal) / Final Judgment
Outcome
Appeal upheld; application approved with conditions
Legal Topics
['development Consent Modification' 'flood Liable Land' 'drainage Easement' 'amenity Impacts' 'conditions of Consent']
['planning and Environment'] ['development Consent Modification' 'flood Liable Land' 'drainage Easement' 'amenity Impacts' 'conditions of Consent']

Case Brief

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Procedural Posture

Appeal Class 1 (development Appeal) / Final Judgment

Legal Issues

  1. 1 ['Whether the additional fill and associated works on flood-liable land create unacceptable flooding, drainage, or amenity impacts' 'Whether the proposed drainage easement and related conditions are reasonable and benefit the development']

Ratio Decidendi

The proposed modification, including the additional fill and drainage easement, does not unacceptably impact flooding, drainage, or amenity, and the conditions of consent, including provision of a 1 m wide drainage easement in favour of council, fairly and reasonably relate to the development and its benefit. The application merits approval subject to appropriate conditions.

Court Disposition

Appeal upheld; application approved with conditions

Orders

  • ["Leave granted for applicant to rely on amended plan 'Dwg No TWN - T0032.00 R6 dated 12/11'." 'Appeal upheld.' "Application 09/0290/01 to modify development consent No 09/0290 at 6 Creek Street, Hastings Point (Lot 10, DP 24564) approved subject to conditions in Annexure 'A', permitting additional filling,...