The Estate of Andrew Taylor v Ballarat CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

06/06/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

Ballarat Planning Scheme; Section 82 of the Planning and Environment Act 1987; Rural Living Zone; Bushfire Management Overlay (part); Clause 52.17; Designated waterway; Proposal for dwelling and earthworks; Unsewered site; Earthworks (filling) substantially completed; On-site wastewater treatment and disposal system; Flood related impacts; Noise impacts from freeway.

“Overall, we find that this proposal is not sufficiently resolved and has not been conceived in an integrated way having regard to all of its development related features. This includes flood modelling that considers all development related buildings and works for the dwelling, as well as the particular design features of a wastewater treatment system. Flood modelling in any revised proposal will also need to factor in the effects of climate change, particularly in light of recent changes to policies in all Victorian planning schemes under Amendment VC216.”

CASE DOCUMENTS

The Estate of Andrew Taylor v Ballarat CC (Corrected) [2022] VCAT 1097