S J Connelly v. Byron Shire Council

Summary:

The applicant challenged the denial of a permit for the construction of a residential development due to flood risks. In refusing the permit, the local council cited climate change considerations as one of the issues contributing to the risk of flooding. Due to the uncertainty of climate change impacts, the court found it appropriate to take a “cautious approach.” Finding the site unsuitable for the proposed development, the court dismissed the appeal.

Subsequent to the dismissal, the applicant revised its plans to address flood risk and improve maintenance of existing vegetation. The court found the revised proposal had adequately address these concerns and upheld the appeal.

At Issue: Challenge to denial of a planning permit due to flooding risk