Percy & anor v Wollongong City Council [2014] NSWLEC 1102

Land and Environment Court New South Wales

Medium Neutral Citation: Percy & anor v Wollongong City Council [2014] NSWLEC 1102 Hearing dates: 20 March 2014 Decision date: 28 May 2014 Jurisdiction: Class 1 Before: Fakes C Decision: The appeal is dismissed Catchwords: DEVELOPMENT APPLICATION: Alterations and additions; use of existing structures; flooding; design flood levels; adopted council policy; Legislation Cited: Environmental Planning and Assessment Act 1979 Wollongong Local Environmental Plan 2009 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: Alisa Jane Percy (First Applicant) John McKenzie Pirrie (Second Applicant) Wollongong City Council (Respondent) Representation: Applicants: Mr P Moggach (Solicitor) Respondent: Mr J Reilly (Solicitor) Applicants: RMB Lawyers Respondent: Wollongong City Council File Number(s): 10693 of 2013

Judgment 1COMMISSIONER: In August 1998, Wollongong experienced a significant rain event that resulted in extensive flooding and much damage to property. Immediately after the flood, Wollongong City Council collected considerable and detailed data on the nature of the flooding, in particular the type and extent of blockages of stormwater culverts. The data collected resulted in a review of council's blockage criteria to be applied to structures across all watercourses when calculating design flood levels in the many floodplains throughout the City. These design flood levels are integral to determining whether certain developments are permissible or not. 2The applicants appeal Wollongong City Council's refusal of Development Application DA-2013/601. The applicants seek development consent for alterations and additions to an existing dwelling house, including the use of an existing structure as a dwelling addition and the use of an existing structure as a storage shed. 3The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act).