Appeal court decision resolves Sandon Point, but is a pyrrhic victory for urban development

24 September 2008

Todays decision of the Court of Appeal on the Sandon Point development is a pyrrhic victory for urban development, according to the Urban Taskforce.

The Taskforces chief executive, Aaron Gadiel, said that while the court upheld the validity of the concept approval, a majority still made it clear that consideration of climate change issues was required before the final development approval was given.

 

Climate change is a real issue that must be taken seriously, Mr Gadiel said.

 

However, we cant expect urban development to cease because the impacts of climate change are not fully known, Mr Gadiel said.

 

Urban development in coastal areas is crucial to meeting our States housing and employment needs.

 

We were concerned at the initial decision of the Land and Environment Court, because of the heavy burden it placed on decision-makers in the States planning system.

 

The Court of Appeal has overturned the initial decision – it found that it was not necessary for the Minister for Planning to consider every aspect of ˜ecologically sustainable development when granting a concept approval.

 

However, a majority of the Court also said that these issues will need to be considered when a development approval is sought.

 

As Sandon Point is a major project and has only been given a ˜concept approval, a further development approval is still required before the development has the final go ahead.

 

The judges told the Minister that the approval of the concept plan does not consider issues of intergenerational equity or a threat of serious or irreversible harm.

 

They warned that a failure to consider these issues before a project approval is issued might invalidate the approval.

 

In upholding the validity of the concept approval, the court has opened up the possibility that the projects final approval may still be withheld on climate change grounds.

 

This defeats the original purpose of concept approvals, which were supposed to provide bankability for the urban development industry.

 

The Urban Taskforce is a property development industry group, representing Australias most prominent property developers and equity financiers.

 

 

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