Paul Daniel Healy and Bronwyn Leah Pearcy filed an application to the Victorian Civil and Administrative Tribunal, as according to the Planning and Environment Act 1987 (Vic) § 82, opposing a permit granted by the Yarra City Council. The permit granted the construction of two dwellings on a lot at 9 Arthur Street, Fairfield. The applicants raised issues, including, but not limited to: the shadowing of solar panels on the adjoining property to the south, the removal of vegetation and impact on wildlife, and the proposal will not result in any net benefit/ improvement to the area.

On March 6, 2025, Tribunal member Cassandra Rea varied the decision of the Yarra City Council after hearing the application. While noting that "[t]he response to global warming or climate change is one of the key issues identified for this application," Ms. Rea concluded that there will not be an unreasonable impact on the solar panels on the adjoining property under Yarra Planning Scheme clause 55. The court concluded that the adjoining dwelling to the south will still achieve a reasonable level of solar access, based on the number of unaffected panels, the connection of the panels, and the level of solar cell efficiency. The Tribunal also noted that an alternate plan suggested by the applicants can result in less energy efficiency for the proposed dwelling, and that the Tribunal's role is to "determine whether the proposal is acceptable, not preferable." On additional issues, such as whether the proposal will result in an unacceptable amenity impact upon an adjoining property or whether the proposal will be appropriate in the neighbourhood based on landscaping concerns, the Tribunal found that the balancing of the Yarra City Council was proper.

Healy v Yarra City Council

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Healy v Yarra City Council - order

Filed

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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

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

Actions to reduce emissions in energy generation and supply.

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.

Production of electricity and heat from solar irradiation.

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.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

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.

Activities that relate to the production of goods and services from forests.

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.

Healy v Yarra City Council - order

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Economic sector

Finance