Neophytou v East Gippsland SC

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

18/10/2017

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

Catchwords: East Gippsland Planning Scheme; Application under section 82 of the Planning and Environment Act 1987; Low Density Residential Zone (LDRZ); Design and Development Overlay (DDO11); Erosion Management Overlay (EMO); Proposal for dwelling, outbuildings and works on unsewerd site with lake frontage; Vegetation removal; Extent of earthworks; Omission of information from and errors on plans; Notice and procedural fairness; Visual impacts; Restrictive covenant; Questions of Law.

At [40]: The site is also one that has a range of environmental constraints. It is in a designated bushfire prone area, is prone to geotechnical hazards reflected by its inclusion in the EMO, is unsewered and is bounded on its south and west sides by public reserves accessible to the general public on foot. The impacts of climate change on the local environment are further constraints. Flood levels (one in 100 year flood event) are predicted to increase from 2.0m AHD to 2.8m AHD.

CASE DOCUMENTS

Neophytou v East Gippsland SC [2018] VCAT 374