Owen v Casey City Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

18/09/2009

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

Proponent sought a permit for two dwellings. The Tribunal followed the decisions in Myers and Ronchi to decide that state policy requiring wider risks and consequences for the community to be addressed meant the decision needed to be informed by a coastal hazard vulnerability assessment of the proposed development even though the referral authority did not object to the application.

Proponent prepared a coastal hazard vulnerability assessment. The Tribunal determined that the assessment was inadequate because it did not address risks of inland or riverine flooding in addition to coastal flooding. Melbourne Water, as the referral Authority did not object to the permit. The Tribunal said that more information about the cumulative flood risk would have been helpful, but was not necessary to pursue as it would reject the permit application on unrelated grounds.

CASE DOCUMENTS

Owen v Casey City Council [2009] VCAT 1946; 169 LGERA 403
Owen v Casey City Council [2010] VCAT 522