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L. Taip v East Gippsland Shire Council.

País/Territorio
Australia
Tipo de la corte
Otros
Fecha
Jul 28, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
Victorian Civil and Administrative Tribunal
Sede de la corte
Victoria
Juez
Potts.
Número de referencia
[2010] VCAT 1222
Idioma
Inglés
Materia
Tierra y suelos, Mar, Medio ambiente gen., Especies silvestres y ecosistemas
Palabra clave
Manejo de tierras Ordenación de áreas costeras Cambio climático Inundación
Resumen
Lakes Entrance is a coastal town that has a very high vulnerability to flooding and to the impacts of climate change, including sea level rise. In November 2008 the East Gippsland Shire Council granted a permit for residential development of eight dwellings in the Business 1 Zone (B1Z) in Lakes Entrance. The proposed development was subject to a Land Subject Inundation Overlay (LSIO) and thus required referral to the East Gippsland Catchment Management Authority (the EGCMA). The ECGMA did not object to the Council granting the permit. This application for review brings into focus how the Victorian planning system seeks to deal with the pressing issues of climate change, rising sea levels and the vulnerability of coastal communities to these impacts.Initially the EGCMA wanted to object to the grant of the permit due to flooding issues and the potential impacts from climate change and sea level rise. The ECGMA later amended its statement of grounds, deleting references to climate change and sea level rise. This left the risks posed by flooding as the substantive matter for the Tribunal to determine. Nevertheless, the Tribunal decided to examine the flooding question in the broader context originally raised by the EGCMA objection, namely 1) the existing flooding risk under current climate conditions and lake levels; and 2) the level of risk from sea level rise and other effects from climate change. This decision considers the site’s vulnerability to climate change impacts against the strategies and policies contained within the East Gippsland Planning Scheme, including the Urban Design Framework for Lakes Entrance and the related Planning Scheme Amendment C68, as well as a number of other relevant strategies, guidelines and materials. A cautious approach is considered to be warranted while planning frameworks and other responses are set in place to address and minimise these risks. It is concluded that the proposal for this more intensive development of Lakes Entrance is one that is pre-emptive to the development of appropriate strategies to address climate change risks. This leads to the conclusion that to grant a permit fails to satisfy the purposes of planning in Victoria for intergenerational equity, sustainable, fair and socially responsible development and would not lead to an orderly planning outcome.
Texto completo
COU-156702.pdf