Practitioners advising on development applications in flood planning areas under the Wingecarribee LEP 2010 (and similar LEP provisions) must ensure that flood compatibility is established at the date of determination, and cannot rely on proposed future third-party flood mitigation works not forming part of the development application.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
1 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.