Smith v Camden Council [2025] NSWLEC 1027

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Camden Council [2025] NSWLEC 1027 Hearing dates: 23 and 24 October 2024 Date of orders: 22 January 2025 Decision date: 22 January 2025 Jurisdiction: Class 1 Before: Targett C Decision: Proceedings 2023/320704 The Court orders that: (1) The appeal is dismissed. (2) Development application DA/2023/390/1 is refused. (3) The exhibits are returned except for 3, 4, A, B, G. Proceedings 2023/320711 The Court orders that: (1) The appeal is dismissed. (2) Building information certificate application BC/2023/33/1 is refused. (3) The exhibits are returned except for 3, 4, A, B, G. Catchwords: DEVELOPMENT APPLICATION – use of and works to stormwater pipes installed within drainage easement without consent – flooding – public interest BUILDING INFORMATION CERTIFICATE – stormwater pipes installed within drainage easement without consent – flooding – whether building information certificate should be issued Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 6.25, 8.7, 8.10, 8.14, 8.25, Divs 4.3, 6.7 Land and Environment Court Act 1979, ss 17, 39 Camden Local Environmental Plan 2010, cl 5.21 Cases Cited: Salic v Parramatta Council [2021] NSWLEC 1309 Scarf v Shoalhaven City Council [2021] NSWLEC 128 Smith v Camden Council [2023] NSWLEC 1363 Texts Cited: Department of Planning and Environment, Flood Risk Management Manual, 2022 Category: Principal judgment Parties: Dean Smith (First Applicant) Leanne Smith (Second Applicant) Camden Council (Respondent) Representation: Counsel: J Smith (Applicants) A Stafford (Respondent)