Masten Bennett & Associates v Nillumbik Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

26/10/2010

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal over Nillumbik Shire Council's refusal to make a decision on a planning permit application, within the specified time. The application sort approval for a subdivision of a rural property. The Council indicated that it would have refused the permit, on grounds including wildfire safety concerns, and environmentally sustainable development concerns. A number of the objections also focused on how many lots the sub-division should be, rather than opposition to a sub-division in its own right. The Tribunal upheld the decision of the Council, and did not grant a permit. The Tribunal indicated that a rethink of the development was required, which took into account concerns in relation to fire safety, and environmental development and preservation.

CASE DOCUMENTS

Masten Bennett & Associates v Nillumbik Shire Council [2010] VCAT 900