Smith v. Pittwater Council

Summary:

A landowner appealed a local council’s refusal of a planning permit in Australian state court. The council had found that the proposed development would not ensure adequate safety from flood risks given increased flood levels from climate change. Allowing the use of more conservative risk estimates than those employed by the council, the court found that the risk was not sufficient to warrant rejection as long as the permit was subject to certain flood planning conditions.

At Issue: Appeal refusal of planning permit