Johnston v Bass Coast Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

09/11/2015

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

Third party applied for planning permission to build a dwelling on land. Granted subject to conditions. Applicant (head of conservation association) objected to this decision on basis of height, scale and adverse environmental impact. Held that decision of the SC is varied. Considers coastal hazards from climate change and raised floors from potential sea level rise and flooding, despite not being in formal submissions. Elevated building form considered sufficient to address the low level of vulnerability. Affirms decision to grant a permit but applies some corrections to clerical mistakes. CATCHWORDS: Application to review a decision to grant a permit under s. 82 Planning and Environment Act 1987 (Vic). Bass Coast Planning Scheme. Township zone. Design and Development Overlay and Schedule 1. Planning permission required under DDO-1 due to height of proposed building. Objections raise issues about environmental impacts, overlooking, neighbourhood character and landscape impacts. Ambit of discretion considered in respect to planning permission required under DDO-1.

CASE DOCUMENTS

Johnston v Bass Coast Shire Council [2015] VCAT 1971