Cranebrook Sales Pty Limited v Penrith City Council [2008] NSWLEC 1260

Land and Environment Court of New South Wales

CITATION : Cranebrook Sales Pty Limited v Penrith City Council [2008] NSWLEC 1260 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Cranebrook Sales Pty Limited PARTIES : RESPONDENT Penrith City Council

FILE NUMBER(S) : 10027 of 2008

CORAM: Hoffman C

KEY ISSUES: Development Application - Development Control Plan :- Subdivision, flood liable land, land fill, hazard classification, effects on flood characteristics

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Penrith Local Environmental Plan 2002 Penrith Development Control Plan 2006

DATES OF HEARING: 25/06/2008

DATE OF JUDGMENT: 2 July 2008

APPLICANT Messrs A. Caughey (senior and junior) self-represented LEGAL REPRESENTATIVES: RESPONDENT Ms K. Poulos, barrister, Instructed by Mr M. Bullivant, solicitor of Penrith City Council

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

2 July 2008

10027 of 2008 Cranebrook Sales Pty Limited v Penrith City Council

JUDGMENT 1 This is a Class 1 appeal No. 10027 of 2008 between Cranebrook Sales Pty Ltd and Penrith Council in regard to the deemed refusal, subsequently refused application for subdivision of one lot into two at No. 1587 Mulgoa Road, Wallacia. The Locality and the Site 2 Wallacia is a village to the south of Penrith and is on the banks of the Nepean River where the river runs along the cliff of the Blue Mountains escarpment. As background to the appeal the evidence is that the river floods in this location reasonably often and in the 1 in 100 year floods (1 in 100), the village of Wallacia would be completely surrounded by water. The village itself is on a hillock in the flood plain. 3 The site is a large rectangular shaped parcel with a total area of 2023 sq m. It has frontage of about 20 m to Mulgoa Road and depth of about 100 m. The site is located on the eastern bank of the Nepean river flood plain and slopes down from Mulgoa Road to the rear. The slope is about three per cent. The contour plans show an even grade across the width of the block as it slopes down. At the rear of the allotment is a caravan park on the lower slopes of the flood plain, and onto the floor of the flood plain leading to the river. There are no significant trees or other vegetation on the property. It is largely cleared and grassed. There is an existing timber cottage located up near Mulgoa Road.