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Title:
Newton and Anor v. Great Lakes Council
Party:
Australia
Region:
Asia and the Pacific
Data source:
Sabin Center
Court name:
Land and Environment Court
Seat of court:
New South Wales
Reference number:
[2013] NSWLEC 1248 (Australia)
Abstract:
A landowner challenged a local council decision to grant a planning permit to build a house on two conditions: (1) the development consent would only last for twenty years, and (2) the house must be designed to withstand 2033 sea level rise conditions. The Australian state court found in part for the landowner, rejecting the first condition but allowing the second. The court found the time limit imposed under the first condition was unreasonable, especially given the presence of the second condition.

Key environmental legal questions:

Challenge to conditions of planning permit that imposed a time limit and structural requirements
Notes:
Suits against governments; Environmental assessment and permitting; Climate adaptation