Gibson v Bass Coast Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

01/05/2015

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

Merits review

SUMMARY

Affirmed decision of the SC not to grant a permit. SC had refused to grant a permit to subdivide land as inconsistent with various policies and zoning requirements. As part of application had submitted that smaller lots created by subdivision would be more viable and flexible for farming operations to respond to climate change impacts (by using waste water for alternative crops). Climate change was not considered to create significant negative impact on pasture production in this region or property. For this and other reasons the permit refusal was upheld. CATCHWORDS: Section 77 of the Planning and Environment Act 1987 (Vic). Bass Coast Planning Scheme. Farming Zone. SLO. EMO. Subdivision of farming land into three 40ha lots. Landscape, Loss of productive farmland. Potential for horticulture on traditional grazing land.

CASE DOCUMENTS

Gibson v Bass Coast Shire Council [2015] VCAT 857