Ko v Strathfield Municipal Council [2021] NSWLEC 1099

Land and Environment Court New South Wales

Medium Neutral Citation: Ko v Strathfield Municipal Council [2021] NSWLEC 1099 Hearing dates: 28 January 2021, written submissions 4, 11 and 15 February 2021 Date of orders: 26 February 2021 Decision date: 26 February 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application (DA 2020/141) for the construction of a two-storey dwelling house with basement garage at 6 Heyde Avenue, Strathfield, is refused. (3) Exhibits 1-5 are returned. Catchwords: APPEAL – development application – dwelling house – basement below the 1 in 100 year flood level – whether driveway crest and flood barriers sufficient Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 Land and Environment Court Act 1979 s 34AA Strathfield Local Environmental Plan 2012 cll 2.3, 4.3, 4.4C, 6.3 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Our Lady Aged Care Centre Ltd v City of Parramatta Council [2020] NSWLEC 1596 Texts Cited: NSW, Department of Infrastructure, Planning and Natural Resources, Floodplain Development Manual, (April 2005) Powells Creek and Saleyards Creek Flood Study, WMAwater (November 2016) Strathfield Consolidated Development Control Plan 2005 Strathfield Council Interim Flood Prone Lands Policy 1999 Strathfield Council Stormwater Management Code 1994 Category: Principal judgment Parties: Bonita Ko (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: D Raithby (Authorised agent) (Applicant) A Veness (Solicitor) (Respondent)