Cadzow Enterprises Pty Ltd v Port Phillip County Council

Summary:

Residents challenged the County Council’s decision to permit construction of a two-story house near Port Phillip Bay. Though the residents did not make arguments related to climate change or flooding, the Tribunal did, sua sponte. Specifically, it sought information from the regional flood control authority, Melbourne Water, about changes to flood risk driven by sea level rise. That query prompted Melbourne Water to examine the property and recommend requiring the house be elevated substantially above what was called for in the permitted design. The Tribunal found that this recommendation reflected the best available information and, citing the precautionary principle and principle of intergenerational equity, authorized grant of the permit subject to the requirement that the house be elevated per Melbourne Water’s recommendation.

At Issue: Relevance of sea level rise and flood risk to grant of planning permission for house construction