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Gippsland Coastal Board v South Gippsland Shire Council

Country/Territory
Australia
Type of court
Others
Date
Jul 29, 2008
Source
UNEP, InforMEA
Court name
The Environment Court
Seat of court
Victoria
Judge
Gibson, H.
Potts, I.
Language
English
Subject
Land & soil, Wild species & ecosystems, Environment gen.
Keyword
Land-use planning Coastal zone management Smallholders/peasants Contract farming Farming Climate change Family farming Ecological production/organic production
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.
Full text
COU-156369.pdf