West Gippsland Catchment Management Authority v East Gippsland Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

14/07/2010

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

West Gippsland CMA objected to Council's decision to grant a permit for a development. One of the grounds for its objection was that the 1-in-100 year flood datum indicated that most of the land on which the dwelling would be located would be under water. The CMA withdrew its objection after new permit conditions were introduced. VCAT nevertheless proceeded with the hearing and found that a coastal vulnerability assessment should be prepared and set the permit aside. VCAT considered the risk of flooding to be one likely to arise both now and even more so in the future when the effects of sea level rise due to climate change manifest themselves (at [20]).

CASE DOCUMENTS

West Gippsland Catchment Management Authority v East Gippsland Shire Council [2010] VCAT 1334