Kennedy v Cardinia SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

22/10/2012

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

This case involved an appeal against the Cardinia Shire Council's refusal to grant a permit for the construction of a dwelling on land within the Rural Conservation Zone, and subject to bushfire risk. The applicant, Mr Kennedy, wanted to build a residential dwelling on his property in an area that fell into the Rural Conservation zone, which discourages dwellings in order to conserve vegetated land. The property was also subject to the Bushfire Management Overlay, and an Environmental Significance Overlay, for its biological significance to the region. Mr Kennedy sought review of the local council's decision to reject his permit application. The Department of Sustainability and Environment strongly objected to the development. The Country Fire Authority did not object to the development, subject to implementation of all bushfire protection measures, including substantial land clearing to comply with defendable space requirements. The required level of vegetation removal was found to have a significant and unacceptable impact on ecological values. The Tribunal held that less extensive vegetation removal and use of more robust building materials would leave future occupants at substantial risk in a bushfire event and decided to reject the application.

CASE DOCUMENTS

Kennedy v Cardinia SC [2012] VCAT 1676