Adamson v Yarra Ranges Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

03/05/2012

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

Proceeding concerned the refusal of Yarra Ranges Shire Council to grant a planning permit for a dwelling. Considerations centred on concerns over potentially increased bushfire risk, due to the development. The refusal was appealed, on the grounds that the fire management risks could be adequately managed. In considering the issue, the Tribunal took into account that the Country Fire Authority, the referral authority, had informed that Council that it did not oppose the granting of the permit, subject to various conditions. Nonetheless, the Tribunal held that even with the recommended conditions, there was not a sufficient evidence that the conditions could secure a high likelihood that human life could be protected if the development proceeded. Thus, the appeal was rejected.

CASE DOCUMENTS

Adamson v Yarra Ranges Shire Council [2013] VCAT 683