James Iles TGM Group Pty Ltd v Ballarat City Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

15/06/2010

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal over the refusal to grant a development permit to the applicant, by the Ballarat City Council. The applicant wished to create a 14 lot sub-division on a property on a residential fringe, in Mt Helen. This included removal of native vegetation and impact on a koala habitat. The Tribunal affirmed the decision not to grant the authority, citing both concern over the amount of native vegetation removed under the plan, and a clear change in neighbourhood character that such development would bring.

CASE DOCUMENTS

James Iles TGM Group Pty Ltd v Ballarat City Council [2010] VCAT 1290