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Title:
Myers v. South Gippsland Shire Council
Region:
Global
Data source:
Sabin Center
Reference number:
[2009] VCAT 1022, [2009] VCAT 2414 (Australia)
Abstract:
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.

Key environmental legal questions:

Initial case: Challenge to city council’s decision to allow coastal residential development without climate change risk assessment
Notes:
06/2009