This decision of the Victorian Civil and Administrative Tribunal (“VCAT”) concerned an application for subdivision;

• VCAT considered factors including coastal sea level rise and the precautionary principle;
• VCAT directed that no final decision could be made without considering the impacts of climate change;
• the applicant was required to prepare a coastal hazard vulnerability assessment before the final decision could be made;
• the matter was due to be reheard on 6 July 2009.

A subdivision application had been made by Telfano Holdings Pty Ltd to subdivide an existing lot into two lots. The existing lot was located within the South Gippsland Shire Council Township Zone (a residential zone). The land was also included in Schedule 3 of the Environmental Significance Overlay, Coastal Areas, with the aim of protecting the coastline and limiting development that would adversely affect shoreline processes.

The lot owned by Telfano Holdings was opposite the beach, with one two storey dwelling already built on it. Evidence was provided by the West Gippsland Management Authority that the subject land was outside of flooding overlays and there was no flooding event affecting the land recorded. The land was within the dune area, separated from the water by Gale Street.

The lot in question was historically two lots, however the division of the area had been different.

Ms Myers sought a review of the Council’s decision. She objected to the subdivision on three grounds:

1. The Council had not properly considered the effect of climate change and sea level rise in the making of their decision;
2. The Council had not properly considered the future impact of the proposed development; and
3. The subdivision would be contrary to the character of the surrounding bay area (this was rejected by the Tribunal).

Ms Myers focused her application on the fact that assessment of the impact of climate change had not been carried out in considering whether the land was suitable for subdivision. It was put to the Tribunal that although climate change has not generally been considered in the past, it has become a more relevant and important planning issue.

Importantly, the Tribunal discussed the Ministerial Direction No.13 Managing Coastal Hazards and the Coastal Impacts of Climate Change and applied the ‘precautionary approach’ in considering risks created by an increased frequency of storms or rising sea levels due to climate change.

The Tribunal stated that it could not make a decision on the subdivision without first considering factors such as possible sea level rise, flooding and climate change. As a result, Telfano Holdings would need to submit a coastal hazard vulnerability assessment before any decision would be finalised.

The question of whether the Council had considered the future impact of the proposed development was deferred pending the creation of a coastal hazard vulnerability assessment.

• The full decision is available on Austlii

• Victorian Civil and Administrative Tribunal (VCAT)

• Land use and planning in Victoria