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The Climate Litigation Database

Charles & Howard Pty Ltd v Redland Shire Council

Geography
Year
2006
Document Type
Litigation

About this case

Filing year
2006
Status
Decided
Court/admin entity
Australia → Queensland → Planning and Environment Court
Case category
Suits against governments (Global) → Failure to adapt (Global)
Principal law
Australia
At issue
Plaintiff challenged building approval on climate grounds.
Topics
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Documents

Summary

Charles & Howard Pty Ltd appealed a decision in regards to an application to the Council for preliminary approval to build a detached house on a site, arguing that climate change had not been adequately considered. On November 7, 2005, the applicant filed an application for approval to place filling on a lot to build the house. The Council then filed an information request on November 21, 2005. Preliminary approval was granted, subject to conditions on January 19, 2006. In a judgement delivered on August 25, 2006, the Court dismissed the appeal. The court considered how the desired location would have affected flood risks, habitat protection, as well as the impacts of climate change, including increased storm tide flooding.

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Group
Topics
Policy instrument
Risk
Just transition
Economic sector
Adaptation/resilience