Buchanan v Mornington Peninsula Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

16/10/2002

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal over the refusal of Mornington Peninsula Shire Council to grant a development permit. The permit was refused on the grounds of susceptibility to bushfire risk, and mirrored objections by the CFA to the proposal. The Tribunal upheld the decision not to grant the permit. The Tribunal cited evidence pertaining to the specific fuel sources available on the site, which increased the likelihood of exposure to direct flame and heat, and the likelihood of 'very high to extreme' fire behaviour on the site.

CASE DOCUMENTS

Buchanan v Mornington Peninsula Shire Council [2002] VCAT 1752