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D’Abate v East Gippsland Shire Council & Ors

País/Territorio
Australia
Fecha
Ago 1, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
Civil and Administrative Tribunal
Sede de la corte
Victoria
Número de referencia
VCAT 1320
Resumen
Mr. D’Abate challenged the Shire Council’s denial of his request for permission to build a new two-story dwelling. That denial was based on the East Gippsland Catchment Management Authority (EGCMA) finding that the new building would impermissibly intensify development in a floodplain. The Tribunal disagreed with the EGCMA’s assessment of the flood risk but upheld the denial nonetheless on the grounds that permission to build in the desired location would put the building in the path of flooding driven by climate change and sea level rise. The Tribunal also noted that the Shire Council faced the difficult task of making planning decisions amid a policy context in which the developing understanding of climate change impacts was leading to the imposition of new state-wide restrictions.

Key environmental legal questions:

Permission to develop in a floodplain
Texto completo
DAbate-v-East-Gippsland-SC-Ors-1.pdf
Página web
climatecasechart.com