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The Climate Litigation Database

Northcape Properties v. District Council of Yorke Peninsula

Geography
Year
2007
Document Type
Litigation

About this case

Filing year
2007
Status
Decided
Court/admin entity
AustraliaSouth AustraliaSupreme Court of South Australia
Case category
Suits against governments (Global)Environmental assessment and permitting (Global)Climate adaptation (Global)
Principal law
AustraliaLocal Development Plan (SA)
At issue
Challenge to local council decision to refuse development consent
Topics
, ,

Documents

Summary

The South Australian Supreme Court upheld local council decision to refuse development consent on the basis of unacceptable climate change risks to the proposed development. The court found the proposed development in violation of the goals and objectives of the council’s Development Plan, and that hazardous sea level rise over the next 100 years due to climate change was a sufficient basis to support the refusal of the coastal development application.

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Group
Topics
Risk
Just transition
Economic sector
Adaptation/resilience
Finance