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Judicial review case

Thursday, 7 July 2016 15:14

Gary Green and James Fan successfully defended a challenge to a development consent in judicial review proceedings in the Land and Environment Court. The development consent was for a large residential subdivision at Yamba. The applicant in the proceedings alleged that the determination of the development application by the Joint Regional Planning Panel was invalid due to a failure to consider flooding impacts.

The Court found that the challenge raised impermissible merit considerations and concluded that the JRPP had in fact considered all relevant mandatory matters.