Country
Australia
Date of text
Status
Decided
Sources
Sabin Center
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
[2007] 158 LGERA 349 (Australia)
Tagging
Climate Change
Abstract

An Australian state court upheld a state agency decision to approve a concept plan for a mixed-use development project. Applicant challenged the agency decision on three grounds, including the agency's failure to consider ecologically sustainable development (ESD) principles in approving the concept plan under the Envrionmental Planning and Assessment Act 1979. The court held that the agency had considered ESD principles and greenhouse gas emissions when approving the project. A quantitative assessment of GHG emissions was not necessary in this particular case and is not required for every major project.

Key environmental legal questions

Challenge to state agency decision approving a concept plan for a mixed-use development project