Land Management Surveys v Strathbogie SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

28/11/2011

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

The proceeding considered an appeal against a number of conditions included in a development permit, granted for a rural area south of Euroa. The Tribunal held that conditions 5 and 6 of the permit were invalid, and could not be severed from the balance of the permit, thus required that the permit be cancelled. The Tribunal considered that on-going problem that there are many areas of Victoria that are prone to bushfire risk, and that even with a number of permit conditions, facilitating intensive human activity in these areas is a poor planning outcome.

CASE DOCUMENTS

Land Management Surveys v Strathbogie SC [2012] VCAT 77