Cluff v Ballarat CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

13/09/2011

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal over the refusal of the Ballarat City Council to grant a planning permit for a property on Mt Helen. Despite some administrative difficulties between the CFA and the Council, the Tribunal upheld the decision to refuse the permit, on the basis of increased danger to human life, from wildfire, if the development was to proceed. In part, this was based on an acknowledgement that to attain a sufficient level of development to eliminate the threat of fire required work to be done on other private properties, which could not be guaranteed in the development proposal

CASE DOCUMENTS

Cluff v Ballarat CC [2011] VCAT 2076