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Myers v South Gippsland SC.

Country/Territory
Australia
Type of court
Others
Date
Jul 1, 2009
Source
UNEP, InforMEA
Court name
Victorian Civil and Administrative Tribunal
Seat of court
Victoria
Judge
Bilston-McGillen
Potts.
Reference number
[2009] VCAT 1022
Language
English
Subject
Land & soil, Wild species & ecosystems, Environment gen.
Keyword
Land-use planning Coastal zone management Smallholders/peasants Contract farming Farming Climate change Family farming Ecological production/organic production
Abstract
This decision in this case involved several applications for planning permits under the local Planning Scheme for the construction of sea-side apartments. The applications related to land within a Farming Zone near the township of Toora, Victoria. This case involved an application to subdivide an existing lot into two lots. The land is located in a Township Zone, which is an appropriate zone for residential development. An Environmental Significant Overlay Schedule 3 applies to the site. Gale Street separates the site from the coast. The Judge has considered if a decision could be made on this matter without a proper assessment of the impact of climate change and in particular, the effect of storm surges on the proposed subdivision and future construction of a dwelling. He accepted the precautionary principle of the Managing Coastal Hazards and the Coastal Impacts of Climate Change General Practice Note December 2008 and considered that a coastal hazard vulnerability assessment was required to be undertaken prior to a decision being made on the subdivision.
Full text
COU-156698.pdf