Charles & Howard Pty Ltd v Redland Shire Council

COURT OR TRIBUNAL

Queensland Planning and Environment Court, Supreme Court of Queensland - Court of Appeal

DATE FILED (OR FIRST HEARING DATE)

07/08/2006

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

The Planning and Environment Court of Queensland upheld the granting of a conditional approval to the appellants, for a proposed residential development. The condition required a proposed dwelling be relocated to an area on the land which was less vulnerable to tidal inundation. The Planning and Environment Court upheld the condition as relevant and reasonable, as it was justified under a planning scheme concerned with the impact of climate change on sea levels of flood prone land proposed to be filled for residential development.

The Queensland Court of Appeal upheld a decision by the Planning and Environment Court of Queensland confirming the granting of a conditional approval for development, which required the appellants to alter the site of a proposed structure, in response to flooding concerns. The Court of Appeal held that the primary Judge was entitled to consider evidence of climate change, as such considerations were included in the Council's strategic planning documents, and planning overlays. Such matters were central to a determination of whether the condition was reasonable and relevant, and thus open to investigation by the Judge.

CASE DOCUMENTS

Charles & Howard Pty Ltd v Redland Shire Council [2006] QPEC 095
Charles & Howard Pty Ltd v Redland Shire Council [2007] QCA 200; (2007) 159 LGERA 349