Date of text
Sabin Center
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
17/266268, [2018] NSWLEC 112
Climate Change

In hearings held from May 15 to 16, 2018, Henroth Investments sought judicial review of the decision by Sydney North Planning Panel denying the rezoning review sought by the applicant under s 56 of the Environmental Planning and Assessment Act 1979. The Department and Pittwater Council conducted a Warriewood Valley Strategic Review Report in reviewing the land, which included a hydrology study. The hydrology study categorized land into categories based on the flood planning level. This study considered the impacts of climate change on the flood planning. Based on the review, the Council’s assessment of the rezoning request did not support a mixed use development due to severe flood risks.

In a decision issued on July 31, 2018, the Court upheld the Panel’s decision. The Court found no bias or conflict of interest in respect of the rezoning request. The Court also determined that a possible failure to carry out an independent review is not a recognized ground of judicial review. Further, there was also no failure to take into account mandatory considerations. Finally, there was no failure to properly consider flooding.

Key environmental legal questions

Whether the council planning panel erred in its decision to refuse rezoning review