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The Climate Litigation Database

Minister for Planning v. Walker

Geography
Year
2007
Document Type
Litigation

About this case

Filing year
2007
Status
Appeal granted
Geography
Court/admin entity
Australia → New South Wales → Supreme Court of New South Wales, Common Law Division
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Other projects (Global)
Principal law
Australia → Ecologically Sustainable Development (ESD) Principles
Topics
, ,  

Documents

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Filing Date
Document
Type
Topics
Search results
09/24/2008
The Minister for Planning approved a residential development project, and the respondent challenged the approval in the Land and Environment Court. The lower court found that the Minister erred in failure to apply ecologically sustainable development (ESD) principals when approving the project. The court held that the agency had an obligation under the Environmental Planning and Assessment Act 1979 to take into account the principle of ESD and the impact of the proposal upon the environment, including whether the flooding impacts of the project would be compounded by climate change. On appeal, the New South Wales Court of Appeal overturned the lower court’s decision, holding that while the Environmental Planning and Assessment Act 1979 required the Minister to take into account the “public interest,” the Minister was under no obligation to consider ESD principles.
Decision
–

Summary

The Minister for Planning approved a residential development project, and the respondent challenged the approval in the Land and Environment Court. The lower court found that the Minister erred in failure to apply ecologically sustainable development (ESD) principals when approving the project. The court held that the agency had an obligation under the Environmental Planning and Assessment Act 1979 to take into account the principle of ESD and the impact of the proposal upon the environment, including whether the flooding impacts of the project would be compounded by climate change. On appeal, the New South Wales Court of Appeal overturned the lower court’s decision, holding that while the Environmental Planning and Assessment Act 1979 required the Minister to take into account the “public interest,” the Minister was under no obligation to consider ESD principles.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Greenhouse gas
Economic sector
Finance