Date of text
Sabin Center
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
2018/116820, [2018] NSWLEC 1651
Climate Change

In a conciliation conference on October 24, 2018, Joe Davidson Town Planning sought an appeal against Byron Shire Council for denying a development application. The applicant sought alterations, additions, and repositioning of an existing dwelling as well as strata subdivision into two lots on the land in question. The appeal was sought under s 8.7 of the Environmental Planning and Assessment Act 1979. The Court arranged for a conciliation conference under s 34(1) of the Land and Environment Court Act 1979.
In a decision issued on December 11, 2018, the parties reached an agreement. The development plan would address potential hazards as a result of flooding due to sea level rise from climate change through sufficient setback of the existing and proposed buildings. The plan also would mitigate local terrestrial flooding through building design and services. The Court granted conditional development consent.

Key environmental legal questions

Whether plaintiff could have development application reconsidered and approved if it accounted for climate considerations such as flooding as a result of sea level rise.