• Skip to main content
  • Home
  • Contact
  • About
  • Search
    • Search US
    • Search Global
  • Global Litigation
  • U.S. Litigation

Dougherty Bros Pty Ltd v Outline Planning Consultants Pty Ltd

Filing Date: 2016
Reporter Info: [2016] NSWLEC 72; 216 LGERA 144
Status: Decided
Case Categories:
  • Suits against governments
    • Failure to adapt
Jurisdictions:
  • Australia
    • New South Wales
      • Land and Environment Court
Principal Laws:
  • Australia
    • Environmental Planning and Assessment Act 1979 (NSW)
Summary:

In hearings held from May 16 to May 18, 2016, Dougherty Bros Pty Ltd challenged a determination of the Joint Regional Planning Panel (“JRPP”) to grant development consent to Yamba Residential Subdivision Pty Limited for a lot. Dougherty Bros own another lot in the subdivision. The JRPP relied on the Environmental Planning and Assessment Act 1979 s 23G(2)(a) as consent authority under the Clarence Valley Council.

The development was for 161 residential lots including bulk earthworks and filling of land, associated tree removal, earthworks and landscaping and planting on one of the component lots. In a decision issued on June 16, 2016, the Court dismissed the amended summons, citing a lack of evidence provided by the applicant to demonstrate there was not the proper consideration of potential flood hazards. The assessment performed took into account the impacts of climate change.

At Issue: Plaintiffs challenged building permit on climate change grounds.
Case Documents:
Filing Date Type File Summary
06/16/2016 Decision Download No summary available.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.