Scarlett v Hobsons Bay CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

28/01/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Sea level rise

REVIEW TYPE

Merits review

SUMMARY

Section 77, Planning and Environment Act 1987, Neighbourhood Residential Zone – Schedule 1, Design and Development Overlay – Schedule 4, dwelling on a lot less than 500sqm, construction of a dwelling on common property, sea level rise, neighbourhood character.

This property is affected by any incremental mean sea level rise associated with climate change predictions above the current Port Phillip Bay level of 1.6 metres. The flood level for Port Phillip Bay in 2040, rises 200mm to a level of 1.80 metres (AHD), with a further increase of 600mm by 2100, to 2.4 metres AHD. Please note, if there are any external openings/access being proposed, development plans must be referred to Melbourne Water for further assessment.

CASE DOCUMENTS

Scarlett v Hobsons Bay CC [2022] VCAT 1167