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The Climate Litigation Database

Drake-Brockman v. Minister for Planning

Geography
Year
2007
Document Type
Litigation

About this case

Filing year
2007
Status
Upheld state agency decision
Court/admin entity
Australia → New South Wales → Land and Environment Court
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Other projects (Global)
Principal law
Australia → Ecologically Sustainable Development (ESD) PrinciplesAustralia → Environmental Planning and Assessment Act 1979 (NSW)
At issue
Challenge to state agency decision approving a concept plan for a mixed-use development project
Topics
, ,  

Documents

Filing Date
Document
Type
Topics 
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Summary

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.

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Group
Topics
Policy instrument
Impacted group
Just transition
Greenhouse gas
Economic sector
Adaptation/resilience
Finance