Kennedy v Baw Baw SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

23/03/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

Application under section 77 of the Planning and Environment Act 1987; Baw Baw Planning Scheme. Farming Zone; Use of land for dwelling and construction of buildings and works. Land subject to inundation; Nature of proposed agricultural activity in conjunction with dwelling; Flood hazard.

“Having considered all relevant matters I am not persuaded by the applicant’s submissions and expert evidence. There are relevant policies and decision guidelines that seek to protect life and property from flood hazard and seek site development to minimise risk to life from natural hazards such as flood. In this context access to the site is a relevant matter to consider in determining whether or not to grant a permit. I find this application is not supported by the policies in the Planning Scheme and the purpose of the LSIO and the relevant decision guidelines which require the avoidance of developments in areas where access is subject to flooding.”

CASE DOCUMENTS

Kennedy v Baw Baw SC [2022] VCAT 787