Builder beware !

A decision by Justice Peter Biscoe in the Land and Environment court has overturned a century of thinking when it comes to approving development proposals.
The court has rejected Planning Minister Frank Sartor's decision to approve a development by Stockland and the Anglican Retirement Villages on land at Sandon Point.

In the past development approvals have been a constant battle between local councils and the authority of the Land and Environment court. Councils have been under pressure from resident groups and in many cases have heaved a sigh of relief when the responsibility for approval has passed from their shoulders to the court. This has removed them from blame if the decision went against local feeling.

Flood prevention has long been an issue in development proposals. Councils have had the responsibility for considering whether a new development would suffer damage from rain causing creeks and rivers to swell and cause flooding - but consideration of issues such as global warming and a rise in sea levels has not been something that councils have had to take into account.
Following this ruling - they now have to !

Justice Biscoe has served notice that new developments must be assessed on their vulnerability to rising sea levels - and this will not only affect Sandon Point - but also the huge proposed major development at West Dapto.

It has opened up a can of worms that will be widely felt. In fact, the whole subject of housing near the coast is now in doubt and as this new line of thinking takes shape nothing in the way of past assumptions can be considered set in stone !

It's a whole new ball game. Councils will now have to consider the projections on rising sea levels - and they vary widely from less than a metre to a towering height - when considering housing approvals.

Obviously, with such variances coming from so many quarters not all of them can be correct, hence the councils - and the Land and Environment court - will face an impossible situation.

Justice Biscoe has set in motion a monster that is going to make rational planning on siting a home impossible - and cost councils, government, the courts - and individual land owners - an incredible amount of money !