decision

Able Lott Holdings Pty. Ltd. v. City of Fremantle - decision

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Litigation

Sabin

Sabin Litigation

Filing Year For Action

This case concerned a development application for retrospective approval of partially completed alterations and additions to an historic warehouse building. One of the principal issues related to potential flooding and the decision is the first to apply the State Coastal Planning Policy anticipating a 0.38 meter increase in sea level due to climate change. The Tribunal determined that the development application warranted conditional approval. With respect to potential flooding, the Tribunal found that the level of the water table over the lifetime of the development, including anticipated increase in the water table due to sea level rise by 2100, would not compromise the structural stability of the building or cause water ingress. Thus, the proposal did not warrant refusal because of potential for flooding. The development application was approved subject to 40 conditions including conditions to ensure that the development is carried out in a manner that is appropriate having regard to heritage and amenity considerations. 

Able Lott Holdings Pty. Ltd. v. City of Fremantle

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

This sector involves the wholesale and retail selling of goods.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Actions or measures to adapt freshwater systems to climate change.

This sector involves activities to move goods and people, alongside the storage of products.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

Able Lott Holdings Pty. Ltd. v. City of Fremantle - decision

Risk

Impacted group

Just transition

Fossil fuel

Economic sector

Adaptation/resilience

Finance