Taip v East Gippsland Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

01/11/2008

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

VCAT heard a third party objection to a decision to grant a permit for development of 8 residential dwellings in Lakes Entrance. The referral authority had originally raised climate change and sea level rise issues, however, at trial only relied on current risk of flooding. VCAT chose to consider future flood risk resulting from sea level rise. VCAT found that although state planning policy in regards to coastal hazards was still in development, this was not a reason for planning decisions not to account for climate impacts. VCAT set aside the council's decision to grant the permit on the grounds that it did not satisfy the purpose of planning for intergenerational equity, sustainability, fair and socially responsible development. (Note: This case was heard concurrently with D'Abate v East Gippsland SC & Ors [2010] VCAT 1320 (6 August 2010) however it was determined separately.)

CASE DOCUMENTS

Taip v East Gippsland Shire Council [2010] VCAT 1222