Gippsland Coastal Board v South Gippsland Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

13/05/2008

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Local government liability

REVIEW TYPE

Merits review

SUMMARY

This decision was made prior to the introduction specific climate change coastal planning laws in Victoria. The Gippsland Coastal Board challenged the decision of the local council to permit residential development in a low-lying coastal region. VCAT refused to permit the development mainly due to the proposal's inconsistency with zoning and planning controls. However, VCAT also applied to the precautionary principle and found that the 'reasonably foreseeable risk' of inundation due to climate change induced sea level rise gave further reason to deny the permit to avoid the risk of serious or irreversible damage.

CASE DOCUMENTS

Gippsland Coastal Board v South Gippsland Shire Council (No 2) [2008] VCAT 1545