Ronchi v Wellington Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

01/07/2009

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

As in Myer v South Gippsland SC, the council had granted a permit to a development that was vulnerable to coastal flooding prior to the introduction of state planning policy on coastal hazards. In considering the planning policy, the Tribunal refused to approve development in the absence of a coastal hazard vulnerability assessment. The Tribunal rejected submissions that acceptance by the owners of the potential risk would be a responsible way forward.

CASE DOCUMENTS

Ronchi v Wellington Shire Council [2009] VCAT 1206