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Charles & Howard Pty Ltd v. Redland Shire Council.

Country/Territory
Australia
Type of court
Others
Date
Aug 25, 2006
Source
UNEP, InforMEA
Court name
Planning and Environment Court of Queensland
Seat of court
Brisbane
Judge
Brabazon.
Reference number
[2006] QPEC 95
Language
English
Subject
Land & soil, Environment gen., Sea
Keyword
Land-use planning Coastal zone management
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.
Full text
COU-156725.pdf