W & B Cabinets v Casey City Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

26/08/2009

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

VCAT had to consider whether planning permit should be issued for the development of 22 dwellings in an area subject to flooding, which was likely to be exacerbated by sea level rise. The council had rejected the application. The 2008 Coastal Management Strategy applied and the council argued that a Hazard Vulnerability Assessment was required, but VCAT was satisfied that vulnerability to coastal hazards had been sufficiently been assessed and accepted the referral authority's (Melbourne Water) evidence that the development would suitable subject to certain conditions relating to minimum floor height being met. VCAT ultimately denied the application, but on unrelated grounds.

CASE DOCUMENTS

W & B Cabinets v Casey City Council [2009] VCAT 2072