It Cuts Both Ways - Impacts Of Climate Change On Your Development

Key Point

• As a recent Victorian decision demonstrates, you must consider not only the effect of your development proposal on climate change, but also the effect of climate change on your proposal.

There's a growing body of cases in which Australian courts and tribunals have rejected development proposals because of the effect of climate change on the proposals, not the effect of the proposals on climate change.

A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) - Gippsland Coastal Board v South Gippsland Shire Council & Others (29 July 2008) - highlights the increasing importance of climate change in the assessment process, and provides some important guidance for proponents on when and how climate change will be relevant.