Stewart & Honan v Moyne Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

24/02/2014

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

Merits review

SUMMARY

The applicants, members of the South Beach Wetlands and Landcare Group, challenged the respondent Council's decision to permit 'residential subdivision' on coastal land adjoining wetlands. Amongst other things, they argued that insufficient regard has been given to the risk of coastal inundation caused by rising sea levels. The Tribunal broadly agreed. Notably, the Tribunal generally endorsed a coastal hazard study which projected a sea level rise of 1.2m by 2100 in the relevant area (a figure higher than that provided for in the Victorian Coastal Strategy). The Tribunal had regard to the Council's 'adaptive approaches' to sea level rises, but noted that they were insufficient to address near-term risks posed by sea level rises. Accordingly, the Tribunal ordered modifications to the plan of subdivision to improve inundation management.

CASE DOCUMENTS

Stewart & Honan v Moyne Shire Council [2014] VCAT 360