Tauschke v East Gippsland SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

22/09/2008

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

VCAT found that a planning permit condition to account for sea level rise was too restrictive. The condition had been added by the catchment management referral authority prior to the 2008 Coastal Management Strategy and the introduction of the coastal climate change planning provisions. VCAT held that the planning provisions were based on the most up-to-date information about climate change impacts and adjusted the overly cautious condition to bring it in line with the planning provisions..

CASE DOCUMENTS

Tauschke v East Gippsland SC [2009] VCAT 2231 (26 October 2009)