Restall v Hobsons Bay CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

06/10/2010

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

Following the rejection of a development permit by the Hobsons Bay Council, the applicant appealed the decision to the Tribunal. The Council relied on an additional ground of refusal to those offered in the original notice, one focused on concerns over possible inundation given the developments proximity to the coast, and increased issues related to climate change and storm surges. The Tribunal overturned the Council's refusal to grant the permit. Tribunal Member Bensz acknowledged the environmental concerns, but held that conditions attached to the granting of the permit were sufficient to deal with these concerns.

CASE DOCUMENTS

Restall v Hobsons Bay CC [2010] VCAT 1348