Lt Corporation Pty Ltd v Bass Coast SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

16/03/2020

LITIGATION TYPE

Project Approval - Adaptation, Project Approval - Mitigation

SUBJECT MATTER

Other, Urban Planning

REVIEW TYPE

Merits Review

SUMMARY

Section 79 of the Planning and Environment Act 1987; Bass Coast Planning Scheme; Mixed Use Zone; Vegetation Protection Overlay VPO2; Intensity of Development; Coastal Village Character; Rhyll; Tree Retention; Landscape Response; Loss of Mature Trees; Parking; Traffic.

At [8]: I have taken the document prepared by Ms Nichols into account as part of the respondents’ submission. The document has been brought forward as addressing environmental management although comments are also made about the scale and bulk of the proposed development and its response to the site’s neighbourhood and coastal location. In addition:

Removal of mature canopy and other vegetation is a particular issue in the document. This is not only with respect to the vegetation’s role in the established coastal character, including from both water and on land, but also with respect to habitat benefits and the response to VPO2.
Broader considerations are raised with respect to climate change. Reference is made to large areas of hard scapes across the development that are said to pose challenges with respect to the urban heat island effect, creation of urban stormwater run-off, and a lack of natural features and ecosystems.
Retention and integration of more trees and healthier trees in urban landscapes are said to create cooler and green spaces, addressing these climate change challenges.
Recommendations are included for the retention of seven more large old trees, being tree nos. 8, 15, 16, 29, 30, 35 and 38 and saplings around tree no. 48.

CASE DOCUMENTS

Lt Corporation Pty Ltd v Bass Coast SC [2020] VCAT 442