West Gippsland Catchment Management Authority v East Gippsland SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

03/07/2016

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

The SC granted planning permission for a second dwelling construction and subdivision. WGCMA objects to the decision on grounds of the site’s exposure to flooding and risks the development/use will pose to people and the environment. WGCMA considers dwelling would be inconsistent with planning policy to plan for and manage potential coastal impacts from climate change, specifically the rise in flood levels in the Gippsland Lakes [7], minimizing flood hazards and threats, etc. Findings about the flood risk include potential impact from climate change induced sea level rise [44]. Held: due to exposure to current and projected flood conditions, unsatisfied that acceptable planning outcome would be achieved [67] and denies planning permit [69]. Must consider that planning provides present and future VIC residents a safe and amenable living environment [68]. CATCHWORDS: Application under section 82 of the Planning and Environment Act 1987. Review of a decision to grant a permit for a dwelling. East Gippsland Planning Scheme. Low density residential zone. Holiday settlement. Land subject inundation overall applies to land. Flood hazards and risks assessed. Dwelling and access subject lie in a flood flow path. Settlement access and egress from floods only available by boat. Whether safe access is available to occupants. Risks to property and environment considered.

CASE DOCUMENTS

West Gippsland Catchment Management Authority v East Gippsland SC [2016] VCAT 1580