Doherty v Murrindindi SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

09/04/2013

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

VCAT upheld the council's decision to deny a permit for a unit on a property exposed to a high level of bushfire hazard, even though in 2009 the proponent had received approval to rebuild his house under planning provisions that encouraged rebuilding following the Black Saturday bushfires. VCAT accepted evidence from the CFA which found that the site was not suitable for a dwelling at all (despite the existence of the rebuilt family house). The Tribunal wanted to bring to relevant authorities' attention the discrepancy in the planning approaches exemplified by this case and the highly exposed and vulnerable existing buildings and dwellings that are not affected by the new bushfire planning policy.

CASE DOCUMENTS

Doherty v Murrindindi SC [2013] VCAT 1185