Wade v Warrnambool CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

28/09/2009

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

Merits review

SUMMARY

The Tribunal overturned the council's decision to grant a permit for the development of a double story dwelling and a three lot subdivision due to the proponent's insufficient consideration of the impacts of sea level rise and flooding impacts. The Tribunal used the general state planning policy regarding sea level rise and coastal impacts of climate change to argue that the design and plan of the development should have been based on information about such risks, for example through a coastal vulnerability assessment. Without that information even at this later stage, it was not possible for the Tribunal to determine the conditions subject to which the development might be appropriate.

CASE DOCUMENTS

Wade v Warrnambool CC [2009] VCAT 2177