Australia

Newton and Anor v. Great Lakes Council (New South Wales Land and Environment Court, 2013)

Jurisdiction: Australia


Side A: Newton and Anor (Individual)


Side B: Great Lakes Council (Government)


Core objectives: Challenge to conditions of planning permit that imposed a time limit and structural requirements


Summary
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.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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