Climate Change And Rural Policy Rule At VCAT

The decision in Gippsland Coastal Board v South Gippsland SC & Ors (No 2) [2008] VCAT 1545 was handed down by VCAT Deputy President Helen Gibson and Member Ian Potts on 29 July 2008. In the first decision of its kind in Australia, the Tribunal refused the development of six coastal dwellings (the proposed development) due partly to the threat of increasing storm severity and rising seas levels as a result of climate change.

Background

Mark Bartley, DLA Phillips Fox Partner acted on behalf of the Gippsland Coastal Board, (the Board). The Board made an application under section 82 of the Planning and Environment Act 1987 (Vic) (P&E Act) for the review of the decision by the South Gippsland Shire Council (the Council) to grant planning permits for the proposed development. The land comprised of six crown allotments in the Grip Road area of Toora, a Farming Zone close to the coast about 197