Aldous v Greater Taree City Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

08/12/2008

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Judicial review

SUMMARY

Aldous sought review of the local government's decision to approve a beachfront property development. The court held that there was a public perception of ecologically sustainable development as an element of the public interest. The Court provided an overview of major scientific and economic reports on climate change. It found that principles of ESD and inundation due to climate change-related sea level rise are matters of public interest and therefore, a mandatory relevant consideration for the local government. The Court found, however, that the council had given due consideration to the risk of flooding.

CASE DOCUMENTS

Aldous v Greater Taree City Council [2009] NSWLEC 17; 167 LGERA 13