Blackstone Waterhouse
26 September 2024
UPDATE
Blackstone Waterhouse is proud to announce a significant legal victory on behalf of our client, Morehuman Property Group, in a challenging development dispute before the NSW Land and Environment Court. The Court upheld an appeal for the development of 26 townhouse dwellings in Woonona, which included basement parking, associated earthworks, landscaping, and stormwater management works. This decision represents a major achievement for Morehuman Property Group and a testament to the value of the experienced legal representation in overcoming complex planning challenges.
The Development and Its Challenges
The proposed development in Woonona, a picturesque suburb on the northern outskirts of Wollongong, was an ambitious project that aimed to deliver much-needed housing in the form of 26 modern townhouses. The development also included thoughtful considerations for the local environment, including significant landscaping and stormwater management infrastructure. However, the project faced significant opposition during the approval process, primarily due to concerns about flooding.
Flooding was the key point of contention, particularly the impact of the Probable Maximum Flood on the site, and its influence on overall flood behaviour in the area. With flood risks being a critical factor in the approval process for developments in flood-prone areas, the challenge lay in demonstrating that the proposed development would not exacerbate existing flood conditions or pose an undue risk to future residents.
The Case: A Battle Over Flood Risk
The Land and Environment Court case centred on whether the proposed development could safely and sustainably proceed in an area subject to flooding concerns. The opposition argued that the Probable Maximum Flood could severely impact the development site, increasing flood risks for the surrounding community. Flood behaviour, stormwater management, and site design all came under scrutiny.
The central question the Court had to address was whether the development would meet the stringent planning and environmental requirements needed to ensure that flood risks were adequately mitigated. This included analysing the proposed site’s interaction with local flood patterns and assessing how the development’s design would handle extreme weather events.
Blackstone Waterhouse’ Role
Blackstone Waterhouse acted as legal counsel for Morehuman Property Group, guiding the company through the intricacies of the planning appeal process. Our team worked closely with flood risk consultants, planners, and engineers to present a strong case before the Court, demonstrating that the development met all required standards and that flood risks had been thoroughly addressed.
Some of the key elements of our legal strategy included:
- Detailed Flood Risk Assessment: We worked with experts to conduct a comprehensive flood risk analysis of the site, demonstrating that the proposed development would not worsen flood conditions in the area. This included a focus on stormwater management and how the design would mitigate the impact of the Probable Maximum Flood.
- Site Design and Mitigation Measures: We emphasised the thoughtful design of the site, which included basement parking and advanced stormwater management systems designed to handle extreme weather events. This was crucial in demonstrating the development’s resilience to flood risks.
- Compliance with Planning Regulations: Our team meticulously ensured that the proposed development complied with all relevant local planning regulations and environmental standards. We demonstrated that the project would contribute positively to the local community while managing environmental concerns responsibly.
A Successful Outcome
The Land and Environment Court’s decision to uphold the appeal is a significant win for Morehuman Property Group and the broader Woonona community. This ruling not only enables the development of much-needed housing in the area but also sets an important precedent for future developments in flood-prone regions.
The success of this case highlights the importance of expert legal representation in navigating complex planning issues, particularly when environmental concerns are at the forefront. At Blackstone Waterhouse, we are proud to have played a role in securing this important outcome for our client.
Looking Forward
This decision clears the way for the construction of 26 townhouse dwellings in Woonona, which will contribute to the growing housing needs of the area while addressing key environmental concerns. As construction moves forward, Morehuman Property Group can now focus on delivering a high-quality residential development that is both sustainable and resilient.
At Blackstone Waterhouse, we remain committed to supporting our clients through all stages of the development process, from initial planning to securing approvals in the face of complex challenges. If you need legal assistance with your property development, reach out to our team for expert advice and representation.