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Fetterplace v. Mornington Peninsula Shire Council

Filing Date: 2010
Reporter Info: VCAT 1549
Status: Decided
Case Categories:
  • Suits against governments
    • Environmental assessment and permitting
      • Climate adaptation
Jurisdictions:
  • Australia
    • Victoria
      • Civil and Administrative Tribunal
Principal Laws:
  • Australia
    • Planning and Environment Act 1987 (Victoria)
Summary:

Mr. Fetterplace appealed the shire council’s denial of building permission, which the council had justified on various grounds, including the risk of climate change-driven coastal flooding. The Tribunal considered the coastal vulnerability assessment submitted by an expert and emphasized, before rejecting the council’s arguments and ordering it to grant building permission, the importance of assessing future flood risk as opposed to merely extrapolating past flooding patterns into the future.

At Issue: Permission to build in area at risk from coastal flooding
Case Documents:
Filing Date Type File Summary
09/14/2010 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

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