Robertson v Mornington Peninsula SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

17/12/2010

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

The matter concerned an application for a residential development in the Mornington Peninsula. The application was submitted before a number of planning overlays, including the Wildfire Management Overlay, came into effect. After these overlays came into effect, the plan was amended, causing a number of the original objectors to withdraw their objections. However, the CFA continued to object, on the grounds that the proposed sitting created an unreasonable risk to the safety of both human life and property. The Tribunal noted the increased emphasis placed on safety following the 'Black Saturday' Victorian Bushfire Royal Commission, holding that protection of human life is now the paramount consideration. The Tribunal rejected the current application, whilst also noting that this was not a decision against having any type of dwelling on the site.

CASE DOCUMENTS

Robertson v Mornington Peninsula SC [2011] VCAT 1393