Tauschke v. East Gippsland Shire Council

Summary:

Tauschke sought review in an Australian State Tribunal (VCAT) of a residential building permit that denied him the right to build on his coastal property because of sea level requirements and coastal hazard management considerations regarding coastal impacts of climate change. Based on expert testimony, VCAT found that the land could be developed in a manner that managed flood risks and amended the condition of the permit to provide for such requirements.

At Issue: Whether a planning permit condition to account for sea level rise was too restrictive.