Watson v Nillumbik SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

26/04/2013

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

This matter focused on questions over the ability of the relevant decision maker (the responsible authority at first instance, and the Tribunal on review) to take into account the locational criteria of a proposed development as part of a broader planning context, when considering a planning permit application under the Bushfire Management Overlay ('WMO'), and applying the requirements of that Overlay. The Tribunal held that it was empowered to consider the locational context in such a manner for three reasons: The location criteria are embedded in the WMO and can thus be taken into account, the relevant matters identified in the locational criteria exist independently and can be considered independently under a separate clause, based on interpretations of the transitional arrangements and other applicable planning provisions the objectives standards and decision guidelines can be considered.

CASE DOCUMENTS

Watson v Nillumbik SC [2013] VCAT 587