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The Climate Litigation Database

Charles and Howard Pty. Ltd. v. Redland Shire Council

Geography
Year
2007
Document Type
Litigation

About this case

Filing year
2007
Status
Application dismissed
Court/admin entity
AustraliaQueenslandPlanning and Environment Court
Case category
Suits against governments (Global)Environmental assessment and permitting (Global)Climate adaptation (Global)
Principal law
AustraliaIntegrated Planning Act 1997 (Qld)
At issue
Challenge to local council’s decision limiting development in a coastal flood zone
Topics
, ,

Documents

Summary

The owner of property located on Australia's northwest coast wanted to build a dwelling close to the water but was refused by the local council, which prohibited such construction in locations at risk for flooding. The property owner appealed that refusal to the Queensland Planning and Environment Court, which upheld the council's decision and also noted that climate change was increasing the flood risks of concern to the council. The property owner appealed that ruling to the Supreme Court of Queensland, which upheld the lower court's decision.

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Group
Topics
Risk
Economic sector
Adaptation/resilience
Finance