Australia

Byron Shire Council v. Vaughan; Vaughan v. Byron Shire Council (Land and Environment Court of New South Wales, 2009)

Jurisdiction: Australia


Side A: Byron Shire Council (Government)


Side B: Mr and Mrs Vaughan (Individual)


Core objectives: Application for injunction to prevent the building of a coastal wall


Summary
After strong storms and increased coastal erosion, John and Anne Vaughan attempted to rebuild an interim sandbag wall that was previously approved by the city council in a 2001 development consent. The council sought an injunction from the court preventing the wall from being rebuilt, arguing that the council had a policy of planned retreat and that rebuilding the wall could cause damage to other properties, especially if it was built without the approval of the council. The Vaughan's responded by bringing an action against the council, alleging breach by the council of the 2001 development consent. The court upheld the council's request and issued an injunction preventing the wall from being rebuilt. The two parties later came to a settlement before the final hearing allowing the Vaughan's to rebuild the wall using geobags and sand as opposed to rocks, which they had initially planned to use.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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