McCulloch v. Bass Coast Shire Council

Summary:

Applicants challenged a permit in Australia state court for the development of levees and bunds to protect the coastal area from sea level rise. The applicants asserted that the proposal (1) would not benefit the public because the levees were being built to satisfy a condition to a permit for a proposed retirement village development; and (2) did not respect the value of the coastal environment. The court found the levees would benefit the public; however, it set aside the permit because the impacts on the dune system were not adequately considered and did not sufficiently address flood risks to outweigh those concerns.

At Issue: Challenge construction permit for levees