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Smith v. Pittwater Council

Country/Territory
Australia
Date
Apr 29, 2024
Source
UNEP, InforMEA
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
[2013] NSWLEC 1145
Abstract
A landowner appealed a local council’s refusal of a planning permit in Australian state court. The council had found that the proposed development would not ensure adequate safety from flood risks given increased flood levels from climate change. Allowing the use of more conservative risk estimates than those employed by the council, the court found that the risk was not sufficient to warrant rejection as long as the permit was subject to certain flood planning conditions.

Key environmental legal questions:

Appeal refusal of planning permit
Full text
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