Planning for large scale greenfield coastal development in the context of sea level rise caused by climate change: Two Rocks Investments Pty Ltd and Western Australian Planning Commission

摘要

On 5 August 2019 the Western Australian State Administrative Tribunal (Tribunal) handed down its decision in Two Rocks Investments Pty Ltd and Western Australian Planning Commission (Two Rocks).1 The case primarily concerned the question of what is the most appropriate planning response to sea level rise caused by climate change in the context of planning for large scale greenfield coastal development. The case has particular significance as it is the first time the Tribunal was required to consider, in detail, the construction and application of State Planning Policy 2.6: State Coastal Planning Policy (SPP 2.6) and the effect of the structure plan provisions in Pt 4 of Sch 2 of the Planning and Development (Local Planning Scheme) Regulations 2015 (WA) (Deemed Provisions).