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Able Lott Holdings Pty Ltd and City of Fremantle

Country/Territory
Australia
Type of court
Others
Date
Oct 20, 2017
Source
UNEP, InforMEA
Court name
State Administrative Tribunal
Seat of court
Perth
Judge
Perry; Moore
Reference number
DR 73 of 2010
Language
English
Subject
Air & atmosphere
Keyword
Climate change Coastal zone management
Abstract

This case concerned a development application for retrospective approval of partially completed alterations and additions to a historic warehouse building. One of the principal issues related to potential flooding and the decision is the first to apply the State Coastal Planning Policy anticipating a 0.38 meter increase in sea level due to climate change. The Tribunal determined that the development application warranted conditional approval. With respect to potential flooding, the Tribunal found that the level of the water table over the lifetime of the development, including anticipated increase in the water table due to sea level rise by 2100, would not compromise the structural stability of the building or cause water ingress. Thus, the proposal did not warrant refusal because of potential for flooding. The development application was approved subject to 40 conditions including conditions to ensure that the development is carried out in a manner that is appropriate having regard to heritage and amenity considerations.

Source:
Climate Change Laws of the World database, Grantham Research Institute on Climate Change and the Environment and Sabin Center for Climate Change Law. Available at: http://www.lse.ac.uk/GranthamInstitute/Legislation/

Full text
117.html
Website
www.austlii.edu.au