Pepperwood Ridge Pty. Ltd. v. Newcastle City Council

Summary:

The Australian state court upheld an appeal against the refusal of a permit to construct a senior living facility. The local council denied the permit on the grounds that the proposed facility did not comply with the climate change principles designated in local planning documents because it was not sited in the northerly direction. The court disagreed with the local council, finding adequate design for climate, reasoning that non-compliance with orientation provisions did not necessarily warrant refusal of an application, especially where the natural topography did not justify such orientation.

At Issue: Appeal the refusal of planning permit to construct senior living facility due to siting