Country
Australia
Date of text
Status
Decided
Sources
Sabin Center
Court name
Supreme Court of South Australia
Seat of court
South Australia
Reference number
[2008] SASC 57 (Australia)
Tagging
Climate Change
Abstract

The South Australian Supreme Court upheld local council decision to refuse development consent on the basis of unacceptable climate change risks to the proposed development. The court found the proposed development in violation of the goals and objectives of the council’s Development Plan, and that hazardous sea level rise over the next 100 years due to climate change was a sufficient basis to support the refusal of the coastal development application.

Key environmental legal questions

Challenge to local council decision to refuse development consent