Dennes v Port Macquarie-Hastings Council [2016] NSWLEC 1345

Land and Environment Court New South Wales

Medium Neutral Citation: Dennes v Port Macquarie-Hastings Council [2016] NSWLEC 1345 Hearing dates: 19, 20, 28 July 2016 Date of orders: 17 August 2016 Decision date: 12 August 2016 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld see [71] Catchwords: DEVELOPMENT APPLICATION: Replacement dwelling on flood prone land; flood emergency response plan Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Port Macquarie-Hastings Local Environmental Plan 2011 Cases Cited: McBurney v Penrith City Council [2014] NSWLEC 1100 Primo Estates Pty Ltd v Wagga Wagga City Council [2005] NSWLEC 632 Category: Principal judgment Parties: Ross Dennes (Applicant) Port Macquarie-Hastings Council (Respondent) Representation: Applicant: Ms L M Saw (Barrister) Respondent: Ms S Puckeridge (Solicitor)

Solicitors/Agent: Applicant: Australian Town Planning Pty Ltd (Agent) Respondent: Lindsay Taylor Lawyers File Number(s): 150671 of 2016

Judgment 1. COMMISSIONER: The applicant has appealed Port Macquarie- Hastings Council's refusal of Development Application No. DA2014/0539 (the DA) for the construction of a replacement single storey, three bedroom dwelling and single garage at 330 Koree Island Road, Beechwood (the site). The dwelling is proposed to be constructed on an earth mound to raise the floor level of the dwelling to 18.70m AHD. 2. On 12 November 2015, the council refused the DA on the basis that given the potential flood hazard of the site: the site is unsuitable for the proposed development; the proposal is not consistent with council's Flood Policy 2015; and the development would result in an unacceptable risk to life and property and is therefore not in the public interest. 3. The applicant appeals council's decision under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act).