Able Lott Holdings Pty. Ltd. v. City of Fremantle

Summary:

This case concerned a development application for retrospective approval of partially completed alterations and additions to an historic warehouse building. One of the principal issues related to potential flooding and the decision is the first to apply the State Coastal Planning Policy anticipating a 0.38 meter increase in sea level due to climate change. The Tribunal determined that the development application warranted conditional approval. With respect to potential flooding, the Tribunal found that the level of the water table over the lifetime of the development, including anticipated increase in the water table due to sea level rise by 2100, would not compromise the structural stability of the building or cause water ingress. Thus, the proposal did not warrant refusal because of potential for flooding. The development application was approved subject to 40 conditions including conditions to ensure that the development is carried out in a manner that is appropriate having regard to heritage and amenity considerations.

At Issue: Challenge to approve development of site despite potential flooding