West Gippsland Catchment Management Authority v. East Gippsland Shire Council

Summary:

An Australian State Tribunal (VCAT) overturned approval for a planning permit primarily because it did not meet vehicle access requirements. The Tribunal also determined that the permit could not be granted because the proposal did not take into account increased flooding risks due to climate change. The Tribunal found that given the current need to plan for and manage the potential impacts of climate change under State Planning Policy Framework clauses 15.02 and 15.08, a coastal hazard vulnerability assessment would be required prior to permit approval.

At Issue: Whether the Council’s decision to grant a permit for use and development of a dwelling and removal of vegetation should be overturned for, among other reasons, climate-related flooding concerns.