Seifert v Colac-Otway Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

15/05/2009

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal against the refusal to grant a development permit for a subdivision along the Great Ocean Road, at Apollo Bay. The Tribunal overturned the refusal, and granted the development permit. The Tribunal held that the proposal was consistent with relevant planning frameworks. It outlined concerns in relation to the precautionary principle and intergenerational liability, particularly as they related to possible flooding. Thus, it attached particular conditions on the permit as to where the developments could take place, in relation to the blocks of land.

CASE DOCUMENTS

Seifert v Colac-Otway Shire Council [2009] VCAT 1453