Emond Golf Pty Ltd v Frankston City Council
COURT OR TRIBUNAL
Victorian Civil and Administrative Tribunal
DATE FILED (OR FIRST HEARING DATE)
06/06/2010
LITIGATION TYPE
Project Approval - Adaptation
SUBJECT MATTER
Coastal hazard
REVIEW TYPE
Merits review
SUMMARY
Frankston City Council refused a planning permit for construction of 8 dwellings on Nepean Highway, Seaford. The applicant appealed the refusal. The Tribunal overturned the Council's decision, granting a conditional permit for the development, after the applicant was granted permission to change the original permit application, so that it now consisted of 6 dwellings. Tribunal Member Geoffrey Code considered a number of factors in overturning the Council's original decision. Whilst acknowledging that planning should including possible sea level rise, and the use of the precautionary principle, Member Code held that these concerns did not affect the proposed development, because of the particular characteristics of its location.
CASE DOCUMENTS
Emond Golf Pty Ltd v Frankston City Council [2010] VCAT 1183
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