Save Our Seat Inc v Mornington Peninsula Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

05/11/2014

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Bushfire risk

REVIEW TYPE

Merits review

SUMMARY

Catchwords: Section 82 of the Planning and Environment Act 1987 — Mornington Peninsula Planning Scheme — Arthurs Seat Skylift/Gondola — New Chairlift — Leisure and Recreation Facility — Public Park and Recreation Zone — Environmental Significance Overlay — Significant Landscape Overlays — Bushfire Management Overlay — Heritage Overlay — Erosion Management Overlay — Third Party Rights — Scope of Proceeding — Strategic Justification — Arthurs Seat Management Plan — Landscape Impacts — Heritage Impacts — Removal of Vegetation — Loss of Open Space — Bushfire Risk — Defendable Space — Visual Bulk — Noise — Hours of Operation — Traffic

See specifically [128] where the Tribunal recognises the increased fire risk due to climate change: Fire risk is expected to intensify in the future as our climate changes. It is real and it needs to be managed in the gondola's operations. On the expert evidence, referral comments and submissions before us, we are persuaded the risk can be mitigated and emergency procedures can be enacted to protect human life. In our view, while the risk level is high and very real, it is known and can be properly and safely managed.

CASE DOCUMENTS

Save Our Seat Inc v Mornington Peninsula Shire Council [2014] VCAT 1494