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The Climate Litigation Database

W & B Cabinets v. Casey City Council

Geography
Year
2007
Document Type
Litigation

About this case

Filing year
2007
Status
Decided
Court/admin entity
AustraliaVictoriaCivil and Administrative Tribunal
Case category
Suits against governments (Global)Environmental assessment and permitting (Global)Climate adaptation (Global)
Principal law
AustraliaPlanning and Environment Act 1987 (Vic)
At issue
Whether a coastal vulnerability assessment must be conducted prior to a permit to grant development.
Topics
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Documents

Summary

Applicant land developer challenged the local council’s requirement that it conduct a full coastal hazard vulnerability assessment (CHVA) prior to approval of a planning permit in an Australian State Tribunal (VCAT). Where a local water agency had advised that the development would be acceptable as long as floor levels were designed taking into account sea level rise, the court found that the city council could not require a CHVA prior to permit approval. However, the court denied the permit on other grounds.

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Group
Topics
Policy instrument
Risk
Impacted group
Fossil fuel
Economic sector
Adaptation/resilience
Finance