Country
Australia
Date of text
Status
Decided
Sources
Sabin Center
Court name
Civil and Administrative Tribunal
Seat of court
Victoria
Reference number
[2009] VCAT 1453
Tagging
Climate Change
Abstract

Applicant land developer challenged the local council’s requirement that it conduct a full coastal hazard vulnerability assessment (CHVA) prior to approval of a planning permit in an Australia state court. Where a local water agency had advised that the development would be acceptable as long as floor levels were designed taking into account sea level rise, the court found that the city council could not require a CHVA prior to permit approval. However, the court denied the permit on other grounds.

Key environmental legal questions

Construction permit sought