W & B Cabinets v. Casey City Council

Summary:

Applicant land developer challenged the local council’s requirement that it conduct a full coastal hazard vulnerability assessment (CHVA) prior to approval of a planning permit in an Australian State Tribunal (VCAT). Where a local water agency had advised that the development would be acceptable as long as floor levels were designed taking into account sea level rise, the court found that the city council could not require a CHVA prior to permit approval. However, the court denied the permit on other grounds.

At Issue: Whether a coastal vulnerability assessment must be conducted prior to a permit to grant development.