Country
Australia
Status
Decided
Sources
Sabin Center
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
[2013] NSWLEC 1248 (Australia)
Abstract
A landowner challenged a local council decision to grant a planning permit to build a house on two conditions: (1) the development consent would only last for twenty years, and (2) the house must be designed to withstand 2033 sea level rise conditions. The Australian state court found in part for the landowner, rejecting the first condition but allowing the second. The court found the time limit imposed under the first condition was unreasonable, especially given the presence of the second condition.
Key environmental legal questions
Challenge to conditions of planning permit that imposed a time limit and structural requirements