Jones v Wangaratta Rural City Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

23/06/2010

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal over the refusal to grant the applicant a development permit for a dwelling on the subject land. The Tribunal reversed the decision, granting a permit, and attaching a series of conditions. The Tribunal acknowledged that such a permit went against planning policies in place for the specific area, but also accepted that the policies should not be followed because of the specific nature of the relevant land. The availability of water on the property for emergency services was held to allow for the development to be consistent with the wildfire management overlay.

CASE DOCUMENTS

Jones v Wangaratta Rural City Council [2010] VCAT 1363