Cock v Nillumbik SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

12/05/2005

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal against Nillumbik Shire Council, who refused the applicant a permit to develop a rural property, subdividing the property into 6 different lots. The Council did not grant a permit within the specified time. The land sits within a 'green wedge' in Melbourne's development corridor. As such, a number of planning overlays and schemes affect development of the land. The Tribunal acknowledged these various schemes in upholding the Council's decision to refuse a permit. The Tribunal found that the applicant had undertaken serious consideration of the environmental impact of development, but held that there was concern over impacts on native flora and fauna, and a serious risk of de-vegetation, leading to increased bushfire risk. These concerns mirrored those of the Department of Sustainability and Environment, in relation to the development of the land. Finally, the Tribunal focused attention on policy support for large-lot rural living and use of such sites, rather than sub-division.

CASE DOCUMENTS

Cock v Nillumbik SC [2005] VCAT 2156