Pridel Investments Pty. Ltd. v. Coffs Harbour City Council

Summary:

This case dealt with the Coffs Harbour City Council’s rejection of Pridel Investments’ application to develop a 39-lot subdivision. The city council’s grounds for rejection included unacceptably high flooding risk, failure to consider various climate change impacts in accordance with state and national coastal and climate policy, and sustainable development principles as required by the local planning program—the Our Living City Settlement Strategy. The court noted that the plans for construction assumed a 100-year lifespan for the subdivision, but relied on several assumptions about how well existing dunes and other features of the location would withstand climate change, noting that the Council’s objections were not dependent on climate change, but rather a current risk that the protective dune and vegetation will be eroded. It also characterized the plan as impermissible “urban sprawl along the coast” and highlighted as a “fatal flaw” the site’s lack of any alternative means of emergency vehicle access to the site.

At Issue: Whether the council lawfully refused the development project application