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Dougherty Bros Pty Ltd v Outline Planning Consultants Pty Ltd

Country/Territory
Australia
Date
Jun 1, 2016
Source
UNEP, InforMEA
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
[2016] NSWLEC 72, 216 LGERA 144
Abstract
In hearings held from May 16 to May 18, 2016, Dougherty Bros Pty Ltd challenged a determination of the Joint Regional Planning Panel (“JRPP”) to grant development consent to Yamba Residential Subdivision Pty Limited for a lot. Dougherty Bros own another lot in the subdivision. The JRPP relied on the Environmental Planning and Assessment Act 1979 s 23G(2)(a) as consent authority under the Clarence Valley Council. The development was for 161 residential lots including bulk earthworks and filling of land, associated tree removal, earthworks and landscaping and planting on one of the component lots. In a decision issued on June 16, 2016, the Court dismissed the amended summons, citing a lack of evidence provided by the applicant to demonstrate there was not the proper consideration of potential flood hazards. The assessment performed took into account the impacts of climate change.

Key environmental legal questions:

Plaintiffs challenged building permit on climate change grounds.
Full text
Dougherty-Bros-v-Outline-Planning-Consultants-2016-NSWLEC-72.pdf
Website
climatecasechart.com