Country
Australia
Sources
InforMEA
Tagging
Permits, Inspections, Evidence, Liability, Civil, Standing, Property, Damages
Abstract
This decision in this case involved several applications for planning permits under the local Planning Scheme for the construction of sea-side apartments. The applications related to land within a Farming Zone near the township of Toora, Victoria. In rejecting the applications, the court considered relevant policy considerations including potential risks of sea level rise and flooding.The Tribunal applied a precautionary approach, noting that despite there being no established method for accounting for climate change impacts or sea level rise in planning decisions, they should be considered in accordance with the facts of each case. Therefore no building permit was granted by the court.