Michael Brown Planning Strategies v Wingecarribee Shire Council [2019] NSWLEC 1311

Land and Environment Court New South Wales

Medium Neutral Citation: Michael Brown Planning Strategies v Wingecarribee Shire Council [2019] NSWLEC 1311 Hearing dates: 3-5 April 2019, 11-12 June 2019 Date of orders: 05 July 2019 Decision date: 05 July 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA-16/0445 for a three-lot subdivision and construction of a residential flat building at Lot 24 in DP 713573, Loftus Street Bowral is refused. (3) The exhibits are returned with the exception of Exhibits 1, A and C. Catchwords: DEVELOPMENT APPLICATION – residential flat building and community title subdivision – whether the development as proposed is compatible with the flood hazard of the land – delivery of drainage upgrade works – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act State Environmental Planning Policy 65: Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Water Management Act 2000 Wingecarribee Local Environmental Plan 2010 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Cranbrook School v Woollahra Municipal Council [2006] NSWCA155 at [36] Hoxton Park Residents Action Group Inc. v Liverpool City Council [2011] NSWCA 349 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Valuer-General v Fivex Pty Ltd [2015] NSWLEC 53 Winten Property Group Limited v North Sydney Council (2001) 130 LGERA 79 Texts Cited: Bowral Town Plan DCP Category: Principal judgment Parties: Michael Brown Planning Strategies (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: C Ireland (Applicant) J Farrell (Respondent)