Dougherty Bros Pty Ltd v Outline Planning Consultants Pty Ltd

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

16/05/2016

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Judicial review

SUMMARY

Development must be compatible with climate change risks of flood hazard. Judicial review challenging development consent. CATCHWORDS: JUDICIAL REVIEW – applicants bear onus of proof of establishing breaches of EPA Act by JRPP in approving large subdivision – failure to form required state of satisfaction under clause in LEP not established - no impermissible deferral of aspects of development in conditions imposed –no failure to consider mandatory relevant considerations – no failure to consider development control plan as focal point of consideration – summons dismissed.

CASE DOCUMENTS

Dougherty Bros Pty Ltd v Outline Planning Consultants Pty Ltd [2016] NSWLEC 72; 216 LGERA 144