Fetherston v. Wollongong City Council

Summary:

Mr. Fetherston, who had been denied permission to build a two-story dwelling by the Wollongong City Council, appealed that denial, arguing among other things that the design made adequate provision for flood risk. Before ordering the council to grant the permit, the court considered evidence on flooding from two experts, one of whom presented evidence of the effects of climate change. The court, noting that the Wollongong Development Control Plan did not require planning review to incorporate climate change impacts, accepted the submission of the flood expert who had not evaluated climate risk.

At Issue: Permissions to develop in spite of flood risk