The Court upheld a Class 1 appeal against Council's refusal of an 18-lot residential subdivision on a steeply sloping site adjacent to a Coastal Wetland, finding that geotechnical stability could be achieved through conditions requiring coordinated construction of subdivision retaining walls and individual lot retaining structures, with subdivision certificates withheld until dwelling occupation certificates issued. The Court held it was satisfied under s 2.8(1) of the Resilience and Hazards SEPP that the proposal would not significantly impact the adjacent Coastal Wetland or EEC, accepting the applicant's groundwater modelling over concerns raised by a single water strike observation, and finding that increased stormwater discharge fell within the existing hydrological range experienced by the receiving environment. The Court accepted that detailed stormwater infrastructure design could be deferred to the subdivision works certificate stage where performance-based conditions under s 4.17(4) of the EPA Act guaranteed the required outcomes.
The full text is available to signed-in members, including the 1 later case that cites this judgment.