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