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Tauschke v East Gippsland SC.

País/Territorio
Australia
Tipo de la corte
Otros
Fecha
Oct 26, 2009
Fuente
UNEP, InforMEA
Nombre del tribunal
Victorian Civil and Administrative Tribunal
Sede de la corte
Melbourne
Juez
O’Leary.
Número de referencia
[2009] VCAT 2231
Idioma
Inglés
Materia
Mar, Medio ambiente gen., Tierra y suelos
Palabra clave
Cambio climático Ordenación de áreas costeras Manejo de tierras
Resumen
This case involved a merits review by the Victorian Civil and Administrative Tribunal of Condition 4 on a permit granted for the subdivision of land in Metung, East Gippsland. Condition 4 had been inserted at the direction of the East Gippsland Catchment Management Authority (EGCMA), the referral authority on the application given that part of the subject land was contained within a Land Subject to Inundation Overlay. It required the applicant, before commencing any development on the land, to enter into an agreement with the Council and the East Gippsland Catchment Management Authority under section 173 of the Planning and Environment Act 1987 to provide that the building envelope on lot 1 would not be below the 1.6m AHD contour. The applicant opposed the wording of the condition arguing that its effect was to deny his development and infill of the site contrary to the broader planning policy matrix. Around the time the application for review had been lodged, Clause 15.08-1 had been introduced into the Victorian Planning Provisions. The clause requires coastal planners to assess the risks and coastal impacts associated with climate change, including planning for a sea rise of not less than 0.8 metres by the year 2100, and to additionally consider the combined effect of tides, storm surges, coastal processes and local conditions of topography and geology. The Tribunal was of the opinion that development of Lot 1 could be achieved without causing an increase in flood risk through the application of appropriate conditions. He ordered the rewording of Condition 4, to enable an ‘appropriate response to the climate change provisions in Clause 15.08-1’ that incorporated ‘the most up to date information about existing flooding conditions and … applies a reasonable degree of precaution to anticipated rise in sea level and other events such as storm tides’. Acknowledging the EGCMA claim would have objected to the application on the basis of the information supplied in the hearing and referenced in the witness reports, the Tribunal observed that there is no information in either the Victorian Coastal Strategy or Clause 15.08-1 that specifically prohibits the development of a dwelling on land that is partially subject to flooding in a low velocity flow scenario. Rather the relevant directions are to plan for and manage potential coastal impacts.
Texto completo
COU-156707.pdf