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

Joe Davidson Town Planning v Byron Shire Council

Filing Date: 2018
Reporter Info: 2018/116820; [2018] NSWLEC 1651
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)
  • Australia
    • Land and Environment Court Act (1979)
Summary:

In a conciliation conference on October 24, 2018, Joe Davidson Town Planning sought an appeal against Byron Shire Council for denying a development application. The applicant sought alterations, additions, and repositioning of an existing dwelling as well as strata subdivision into two lots on the land in question. The appeal was sought under s 8.7 of the Environmental Planning and Assessment Act 1979. The Court arranged for a conciliation conference under s 34(1) of the Land and Environment Court Act 1979.
In a decision issued on December 11, 2018, the parties reached an agreement. The development plan would address potential hazards as a result of flooding due to sea level rise from climate change through sufficient setback of the existing and proposed buildings. The plan also would mitigate local terrestrial flooding through building design and services. The Court granted conditional development consent.

At Issue: Whether plaintiff could have development application reconsidered and approved if it accounted for climate considerations such as flooding as a result of sea level rise.
Case Documents:
Filing Date Type File Summary
12/17/2018 Opinion 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.