As a complex case surrounding the city’s floodwater protection unfolded, developer Malcolm “Bluey” Johnson and council chief executive officer Ian Burfitt backed a court decision to reduce the minimum floor height of a new housing development to 2.7 metres above sea level.

This was a compromise between council’s decision to impose the 3.4 metre Australian Height Datum and Mr Johnson seeking to have this reduced to 2.4 metres for his $7 million development. This project will see 38 predominantly two-bedroom homes built on 12,000 square metres in Revell and Lacey Streets.

Mr Johnson said the floor level would be higher than fences surrounding the land if the 3.4 metre AHD was imposed.

“There is no way you can fill the land to that height – you would be looking into other people’s yards,” he said.

He approached council’s Development Assessment Panel during a period of negotiations.

The case went to the Environment Resources and Development Court in May with the Commissioner’s ruling to reduce the height by 700mm handed down on Thursday.

Mr Burfitt said the decision was in line with evidence provided.

“Our consulting engineer submitted details in support of a floor level of no less than 2.7 AHD,” he said.

“What this case clearly confirms is development below 2.4 AHD floor level is at risk of flooding in a major event.”

He said council’s policy of imposing the 3.4 AHD, which has applied since the early 1990s, was a risk-management approach. “With height interest and issues associated with flooding around the world, council is bearing in mind developments in and around Port Pirie which is located on a tidal plain,” he said.

“The 2.7 AHD will provide a buffer in the case of major flooding.”

Under recent arrangements, council has supported potential developers with a 2.8 metre AHD under an agreement that the applicant assumes responsibility in the case of flooding.