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Fetherston v. Wollongong City Council

Filing Date: 2016
Reporter Info: NSWLEC 1527
Status: Decided
Case Categories:
  • Suits against governments
    • Environmental assessment and permitting
      • Climate adaptation
Jurisdictions:
  • Australia
    • New South Wales
      • Land and Environment Court
Principal Laws:
  • Australia
    • Wollongong Local Environmental Plan 2009 (NSW)
  • Australia
    • Environmental Planning and Assessment Act 1979 (NSW)
  • Australia
    • Land and Environment Court Act (1979)
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
Case Documents:
Filing Date Type File Summary
11/09/2016 Decision Download No summary available.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.