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- Smith v. Pittwater Council
Smith v. Pittwater Council
About this case
Filing year
2012
Status
Decided
Geography
Court/admin entity
Australia → New South Wales → Land and Environment Court
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Climate adaptation (Global)
Principal law
Australia → Environmental Planning and Assessment Act 1979 (NSW)
At issue
Appeal refusal of planning permit
Topics
, ,
Documents
Filing Date
Document
Type
Topics
Beta
Summary
A landowner appealed a local council’s refusal of a planning permit in Australian state court. The council had found that the proposed development would not ensure adequate safety from flood risks given increased flood levels from climate change. Allowing the use of more conservative risk estimates than those employed by the council, the court found that the risk was not sufficient to warrant rejection as long as the permit was subject to certain flood planning conditions.
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Group
Topics
Risk
Economic sector
Adaptation/resilience