The appellant appealed the refusal by the respondent council of its application to develop land for a high-rise retirement village over a lake on the Gold Coast on land designated as an extreme flood hazard. The council’s grounds for refusal centred on the risks to human life and safety presented by the proposal notwithstanding the numerous engineering solutions the developer was proposing to deal with the risks. The Court, in effect, accepted the Council’s contentions in respect of risk. The appeal was dismissed.
Nicholas Andreatidis KC (leading N Loos) appeared for the respondent, instructed by Hopgood Ganim.
The judgment is published here.