Country
Australia
Date of text
Status
Decided
Sources
Sabin Center
Court name
Planning and Environment Court
Seat of court
Queensland
Reference number
[2007] QCA 200 (Australia)
Files
Abstract
The owner of property located on Australia's northwest coast wanted to build a dwelling close to the water but was refused by the local council, which prohibited such construction in locations at risk for flooding. The property owner appealed that refusal to the Queensland Planning and Environment Court, which upheld the council's decision and also noted that climate change was increasing the flood risks of concern to the council. The property owner appealed that ruling to the Supreme Court of Queensland, which upheld the lower court's decision.
Key environmental legal questions
Challenge to local council’s decision limiting development in a coastal flood zone