Vanmeld Pty Limited v Fairfield City Council

Vanmeld Pty Limited appealed to the Land and Environment Court against a decision of Fairfield City Council concerning the interpretation of the term 'floodway' within the Fairfield Local Environmental Plan (1994). The central dispute revolved around whether the Council had correctly construed the definition of 'floodway' and, in particular, whether divided floodwaters could constitute two separate flow paths.

The Court was required to determine the proper construction of the definition of 'floodway' as it appeared in the relevant Local Environmental Plan. This involved considering whether the definition encompassed situations where floodwaters might divide and flow along distinct paths, and whether the use of extrinsic material was permissible in interpreting the planning instrument.

The Court affirmed the Council's interpretation, holding that the definition of 'floodway' did not preclude the possibility of divided floodwaters forming two or more flow paths. The Court reasoned that the plain meaning of the words in the definition supported this interpretation and that the use of extrinsic material was appropriate in aiding the construction of the planning instrument. The appeal was accordingly dismissed.