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The Climate Litigation Database

Tauschke v. East Gippsland Shire Council

Geography
Year
2008
Document Type
Litigation

About this case

Filing year
2008
Status
Decided
Court/admin entity
Australia → Victoria → Civil and Administrative Tribunal
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Climate adaptation (Global)
Principal law
Australia → Planning and Environment Act 1987 (Vic)
At issue
Whether a planning permit condition to account for sea level rise was too restrictive.
Topics
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Documents

Summary

Tauschke sought review in an Australian State Tribunal (VCAT) of a residential building permit that denied him the right to build on his coastal property because of sea level requirements and coastal hazard management considerations regarding coastal impacts of climate change. Based on expert testimony, VCAT found that the land could be developed in a manner that managed flood risks and amended the condition of the permit to provide for such requirements.

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Group
Topics
Risk
Economic sector
Adaptation/resilience
Finance