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Pepperwood Ridge Pty. Ltd. v. Newcastle City Council

Filing Date: 2005
Reporter Info: [2009] NSWLEC 1046
Status: Decided
Case Categories:
  • Suits against governments
    • Environmental assessment and permitting
      • Other projects
Jurisdictions:
  • Australia
    • New South Wales
      • Land and Environment Court
Principal Laws:
  • Australia
    • Environmental Planning and Assessment Act 1979 (NSW)
  • Australia
    • State Environmental Planning Policy: Seniors' Living 2004 (NSW)
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
Case Documents:
Filing Date Type File Summary
02/11/2009 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.