Primo Estates Pty Ltd v Wagga Wagga City Council [2005] NSWLEC 632

Land and Environment Court of New South Wales

CITATION : Primo Estates Pty Ltd v Wagga Wagga City Council [2005] NSWLEC 632

APPLICANT Primo Estates Pty Ltd

PARTIES : RESPONDENT Wagga Wagga City Council

FILE NUMBER(S) : 10327 of 2005

CORAM: Hussey C

KEY ISSUES: Appeal :- Erection of a house in floodplain - safety risks for residents - evacuation plan - precedence

Wagga Wagga Local Environmental Plan 1985 LEGISLATION CITED: Wagga Wagga Rural Local Environmental Plan 1991

CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corportisation and Waterways Management Act [2002] 121 LGERA 101

DATES OF HEARING: 08, 09, and 12 /09/2005

DATE OF JUDGMENT: 11/18/2005

APPLICANT Mr J Burrell, solicitor SOLICITORS Burrell Solicitors

LEGAL REPRESENTATIVES: RESPONDENT Mr S Simmington, solicitor SOLICITORS Lindsay Taylor Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

18 November 2005

10327 of 2005 Primo Estates Pty Limited v Wagga Wagga City Council

JUDGMENT

Background 1 This appeal is against council's deemed refusal of a development application for the erection of a two-storey residence at 174 Gumly Road, Gumly Gumly. This site is situated in a designated floodplain and the issues for the appeal can be summarised as follows: - whether it is premature to determine the development application prior to finalisation of a Floodplain Risk Management Plan for the area; - safety risks for residents; - whether the development should be approved having regard to possible cumulative impact on flood behaviour of the development combined with possible future development of the subject site; - precedence.