Cadzow Enterprises Pty Ltd v Port Phillip City Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

07/12/2009

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

Neighbours sought review of the council's decision to grant a permit for the construction of a single dwelling less than 1km from Port Phillip Bay, on non-climate related grounds. Of its own accord, the Tribunal requested information from Melbourne Water, the referral authority for flooding, as to potential impacts of sea level rise on flood risk to the property. In its initial assessment, Melbourne Water had not considered flood risk resulting from sea level rise. Based on the risk of inundation due to sea level rise, Melbourne Water gave evidence that the minimum floor level would need to much higher than it had previously submitted. VCAT found that Melbourne Water's assessment, even though based on guidelines at an 'embryonic' stage of development, provided the best available information. It found that even though, apart from the general state planning policy, no specific planning controls exist, a precautionary approach should be taken to minimise adverse impacts on future generations. Accordingly, VCAT decided the permit could be granted subject to the higher floor level.

CASE DOCUMENTS

Cadzow Enterprises Pty Ltd v Port Phillip City Council [2010] VCAT 634