Cooke v Greater Geelong City Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

02/11/2009

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

The case concerned a challenge to the Greater Geelong City Council's granting of a planning permit for the construction of two dwellings in Barwon Heads. Climate change, specifically concerns over potential flooding of the developments, were not raised in submissions. However, the Tribunal emphasised the consideration of such risks, highlighting the use of the precautionary principle. In the absence of an evaluation of these risks, the otherwise meritorious granting of the planning permit could not be approved. The Tribunal held that, subject to the completion of such an assessment, the permit would be approved, but in its absence, approval could not be granted.

In the second judgment, the applicant had an assessment completed and this was peer-reviewed by the Council. Both concluded that the vulnerability was low and the Tribunal granted the permit without requiring modification to the proposed development.

CASE DOCUMENTS

Cooke v Greater Geelong City Council [2010] VCAT 60
Cooke v Greater Geelong City Council [2010] VCAT 770