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Northcape Properties Pty Ltd v District Council of Yorke Peninsula.

Pays/Territoire
Australie
Type de cour
Nationale - cour supérieure
Date
Mar 4, 2008
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of South Australia
Juge
Debelle.
Numéro de référence
[2008] SASC 57
Langue
Anglais
Sujet
Mer, Environnement gén.
Mot clé
Développement durable
Résumé
Northcape Properties Pty Ltd proposed to subdivide a large area of coastal land on the Yorke Peninsula into 80 allotments. The subject land was predominantly made up of vegetated sand dunes. The Council refused the development application and Northcape appealed that decision to the Environment, Resources and Development Court, who dismissed the appeal. Northcape then appealed to the Supreme Court of South Australia where the case was again dismissed. The Court found that the development would not conform to the prescribed planning provisions, which required a reserve along the sea frontage and an erosion buffer to ensure public access to the coast and protection of the development from coastal hazards. If changes in flood patterns and sea levels brought about by climate change were taken in to account, the development could not conform with these requirements. Expert evidence stated that the foreshore line would shift in 30-40 metres over the next 100 years, which meant that the coastal reserve would in time be lost, as it would eventually be required as an erosion buffer and the community would lose access to their coast.
Texte intégral
COU-156697.pdf