decision

Dunford v Gosford City Council - decision

Litigation

Sabin

Sabin Litigation

Filing Year For Action

In hearings held from December 9 to December 11, 2014, Esther Dunford appealed the refusal by Gosford City Council for the demolition of an existing dwelling and the construction of a new dwelling in Wamberal. The Council denied the application because the new construction would not properly avoid the potential risk of coastal erosion and therefore is against public interest. The court considered whether coastal hazard processes would result in unacceptable property damage and loss, and that the risk to development along the cost was projected to rise due to projected sea level rises. 

In a decision issued on January 14, 2015, the appeal was upheld. The Commissioner found that coastal hazards were appropriately taken into consideration in the proposed development. There was disagreement over whether there would be a need for a revetment wall. The Commissioner agreed with the applicant’s expert that one was not per se required to sufficiently minimize the potential risk from coastal erosion. The Commissioner also found that there was no basis to say that there would be a view loss to existing neighboring residences.


Dunford v Gosford City Council

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Activities involving the management, development, and sale of property assets.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Dunford v Gosford City Council - decision

Policy instrument

Risk

Just transition

Economic sector

Adaptation/resilience

Finance