D'Abate v East Gippsland Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

31/05/2010

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

The applicant brought a claim against the East Gippsland Catchment Management Authority (EGCMA) in relation to its objection to the granting of a planning permit. The East Gippsland Shire Council was obliged to refuse the grant of the permit, in the event that the EGCMA objected, which it had, due to concerns over potential flooding of the development. The Tribunal held that a decision to grant a planning permit would ignore the long term consequences of climate change in relation to Lakes Entrance, consequences which have the potential to be severe, and should be addressed in planning policy now. The planning permit was denied. (Note: This case was heard concurrently with Taip v East Gippsland SC (includes Summary) (Red Dot) [2010] VCAT 1222 however it was determined separately.)

CASE DOCUMENTS

D'Abate v East Gippsland Shire Council [2010] VCAT 1320