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Fetterplace v. Mornington Peninsula Shire Council

Country/Territory
Australia
Date
Sep 1, 2010
Source
UNEP, InforMEA
Court name
Civil and Administrative Tribunal
Seat of court
Victoria
Reference number
VCAT 1549
Abstract
Mr. Fetterplace appealed the shire council’s denial of building permission, which the council had justified on various grounds, including the risk of climate change-driven coastal flooding. The Tribunal considered the coastal vulnerability assessment submitted by an expert and emphasized, before rejecting the council’s arguments and ordering it to grant building permission, the importance of assessing future flood risk as opposed to merely extrapolating past flooding patterns into the future.

Key environmental legal questions:

Permission to build in area at risk from coastal flooding
Full text
Fetterplace-v-Mornington-Peninsula-1.pdf
Website
climatecasechart.com