Country
Australia
Sources
InforMEA
Tagging
Climate Change, Wetlands, Evidence, Land Use, Forests, Contract, Property, Standing, Damages, Permits
Abstract
The Council had granted approval to construct a building pad but required the applicant to locate the building pad on the western side of the land, instead of the eastern side. In imposing the condition, the Council took into account the impact of climate change on the flood prone land. The Court found that the condition requiring the house to be located in an area less prone to tidal inundation was relevant and reasonable as it better reflected the aims of the planning scheme provisions, and consequently dismissed the appeal.