Country
Australia
Date of text
Status
Unknown
Sources
Sabin Center
Court name
Civil and Administrative Tribunal
Seat of court
Victoria
Reference number
[2008] VCAT 1545 (Australia)
Tagging
Climate Change
Abstract

An Australian tribunal overturned a local council decision granting consent for residential developments in a coastal region. A regional coastal board, set up under the Victorian Coastal Management Act 1995, challenged the council decision, arguing that the proposed developments were inappropriate in light of projected sea level rises as a result of climate change. The tribunal applied the precautionary principle, finding that sea level rise and more extreme weather conditions resulting from climate change presented a reasonably foreseeable risk of inundation of the site, and determined that development consent should not be granted.

Key environmental legal questions

Challenge to local council grant of residential development consent