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Myers v. South Gippsland Shire Council

Reporter Info: [2009] VCAT 1022; [2009] VCAT 2414 (Australia)
Status: Granted
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:

Initial case: An applicant filed a proposal to split coastal land into two residential lots. Deborah Myers launched this case, claiming that the vulnerability to impacts of climate change had not been properly considered and that the subdivision would be contrary to the character of Waratah Bay, where the coastal land was located. The Tribunal ruled that there was insufficient information to determine the impacts of climate change on the proposed lots and ordered the applicant to submit a coastal hazard vulnerability assessment.

Appeal: Subsequent to the submission of the coastal hazard vulnerability assessment required by the Tribunal in Myers v. South Gippsland Shire Council (No 1), which revealed that the proposed coastal residential lot would be inundated by flooding and storm surges by 2100, the Tribunal concluded that permission could not be granted for the proposal without a proper local policy or scheme in place to address the predicted issues.

At Issue: Initial case: Challenge to city council’s decision to allow coastal residential development without climate change risk assessment; Appeal: Application for city council to reject coastal residential development plan based on negative climate change risk assessment
Case Documents:
Filing Date Type File Summary
06/22/2009 Decision Download Initial decision
11/19/2009 Decision Download Appellate decision

© 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.