Search

Quality and consistency through collaboration

All.Property Environment and Finance.Planning Environment & Local Government

D and L Smith v Camden Council [2025] NSWLEC 1027

LEC 23/320704 (DA) and LEC 23/320711 (BIC)

Sparke Helmore successfully acted for the Council in these Class 1 matters involving a development application for:

  • the continued use of drainage pipes laid in an existing 10m wide drainage easement for the benefit of Council on the appellants’ land (site), and
  • a Building Information Certificate.

The area of Catherine Field around the site floods regularly. The easement was in the form of a swale before the pipes were laid and the land above them was filled in. The swale within the easement had allowed flood waters to traverse the site from properties upstream to properties on the downstream side. 

The flooding expert evidence was that the effects of flooding would be to: reduce the height of flooding across the site, but extend the area of flooding each side of the easement on the site; and exacerbate flood heights across properties either side of the site and to extend flooding across the property at the rear, which previously did not flood. However, the experts could not agree on whether the effects were adverse and more than minor.  In dismissing the appeals, Commissioner Targett held that the effects were adverse and not immaterial or insignificant, and so it would not be in the public interest to allow the works to remain, (at [108]-[110]). 

Return To Top