Long Island Residents Group Inc. & Frankston Beach Association Inc. v Frankston CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

29/04/2021

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

"We acknowledge the Planning Scheme requires consideration of climate change hazards such as storm surges and coastal inundation, floods, bushfires, and extreme temperatures. Clause 02.03-3 recommends adopting the ‘precautionary principle’ in planning to avoid serious or irreversible climate changes and states: Careful planning is needed for all major developments proposed in coastal waters, along the foreshore, close to Kananook Creek in terrestrial and riparian ecosystems, and in low lying areas of the Frankston municipality including the Frankston MAC.

However, we agree with the respondents that climate change impacts are embedded in activity centre/settlement policies in the Planning Scheme, the structure plans and DDO14. These policies and overlay are designed to concentrate development/population growth in locations, such as the FMAC, to minimise impacts on other more sensitive areas along the coast. We consider the site is also ideally located to reduce vehicle use given its proximity to services and public transport, which is also a factor in climate change".

CASE DOCUMENTS

Long Island Residents Group Inc. & Frankston Beach Association Inc. v Frankston CC [2024] VCAT 359