In Ronchi & Anor v Wellington SC, Wellington Shire Council issued a Notice of Decision to Grant a Permit for the proposal of two double storey dwellings in Seaspray. Subsequently, an amendment to Clause 15.08 relating to considerations of climate change in coastal areas was introduced. Two objectors to the original development application lodged an application for review of the Council’s decision to grant the permit with the Tribunal. The application for review relied on a number of grounds including that the proposed development did not fit with the ‘existing neighbourhood character or the proposed DDO15 objectives to retain the character of Seaspray’. In deciding the case, one of the key Tribunal considered was the application of Clause 15.08 to the current application and whether an assessment of the site’s vulnerability to the impacts of river and coastal hazards was required.

The Tribunal decided to allow the application for review on character grounds, setting aside the Council’s decision to issue the permit. The Tribunal also held that any future development application for the proposal would need to be assessed against the climate change considerations outlined in Clause 15.08. In particular, given the land in question was located within a low lying coastal settlement, ‘inundation arising with climate change’ would be a relevant design consideration. Further, the Tribunal explained that much of land in Seaspray was ‘wedged between the river and foredune’ demonstrating potential risks in the proposed design of the dwellings. As such, the Tribunal considered an assessment of the site’s vulnerability to the impacts of river and coastal hazards was required for future development applications.

• The full decision is available on Austlii