Printz Pty. Ltd. v. Glenelg Shire Council

Summary:

On March 13, 2009, two weeks after a building permit was granted for a two-story dwelling, an amendment to the Glenelg Planning Scheme entered into effect. That amendment included an Environmental Significance Overlay, which imposed new planning permission requirements where before no environmental review conditions had limited development on parcels like the one at issue. Construction, which had begun just before the amendment entered into effect, was halted on March 25th. After conducting its own review (including a public hearing) of the property owner’s application seeking to complete construction, the Council voted to approve the application, with conditions. However, it was slow to issue the required permit and the property owner requested review by the Victoria Civil and Administrative Tribunal of the Council’s failure to timely issue that permit. The Tribunal examined various features of the property and proposed development, including implications of their location in a coastal wetland and near a fire zone. Before rejecting the property owner’s permit application, the Tribunal noted that the development plans were at odds with policies encouraging habitat maintenance and biodiversity, and also found that the development would compromise a parcel that would otherwise act as a coastal buffer – a role the Tribunal expected to grow in importance as sea levels rise.

At Issue: Review local government's failure to issue permit for dwelling construction