news, local-news, figtree, flooding, land and environment court, debris control, blockage policy, langford, mathieson, cobblers run

A developer’s proposal for a flood control structure in Figtree has been defeated by Wollongong City Council in a hard-fought court case. And in a bizarre piece of legal reasoning, the fact the structure would have helped reduce flooding in the surrounding area, not just the new development, was used against it. Developer RBFI had sought to build a debris control structure (DCS) as part of its Cobblers Run subdivision. It would reduce flood risks and costs for home builders. Council had rejected the DCS, and because it would also help the long-suffering residents of Northview Estate nearby, council argued in the Land and Environment Court that the structure served a broader purpose of flood mitigation – not just the proposed dwelling. Only a public authority was allowed to build flood mitigation works on this residential-zoned land, so because council opposed this one, Justice Tim Moore ruled against the plan. “The purpose served is, in my view, without question, flood mitigation within the wider American Creek catchment,” he ruled. “That means that the DCS is properly to be characterised as a flood mitigation work and is, therefore, prohibited.” Northview Estate flooding activist John Mathieson said he was disappointed council and the developer had not been able to work together to reduce the flood risk. He said the structure would catch debris in the creek and prevent it blocking culverts under the M1, reducing modelled flooding in Northview Terrace by at least 1.3m. He and his neighbours’ insurance premiums had skyrocketed after new council flood mapping put them in a high risk area – despite their properties never flooding. After winning its fight against the debris control structure, the council’s spokesman said it would consider building one of its own – once consultants had completed a review. “Council has engaged a consultant to undertake a review of the Allans Creek catchment,” the spokesman said. “As part of that process council will explore opportunities for flood mitigation works within the catchment. “These works may include options such as debris control devices.”

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