In the recent case of Damerau v Central Coast  NSWLEC 1417, the Court considered whether a previously refused development application seeking the subdivision a residential lot, the demolition of a shed, and connection to an existing sewer system, was correctly decided.
The Central Coast Council originally refused the DA for reasons including an increased flood risk, the potential of a non-functioning sewer system during a flooding event, incompatibility with the constraints of the site and because the proposed development was not in the public interest. The appellant appealed against the refusal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act).
The Court ultimately held that based on the evidence including the DA’s (amended) supporting plans, documents, expert reports, and expert submission in relation to the EPA Act, the development did not satisfy the provisions under s 4.15(1)(a)(i) to grant consent to the proposal. This case illustrates that in deciding such DA matters, the Court may have regard to the site unsuitability, the adequacy of information for assessment and whether the proposed development was in the public interest.