Gibson v Bass Coast Shire Council
Jurisdiction: Civil and Administrative Tribunal of Victoria
Side A: Gibson (Individual)
Side B: Bass Coast Shire Council (Government)
Whether land should be subdivided to prepare for climate impacts.
In a hearing held on May 1, 2015, plaintiff appealed a denial of his application by the Bass Coast Shire Council to subdivide a plot of land. The applicant argued that these smaller lots would allow for more flexible arrangements in regards to impacts from climate change. The Council found the proposed subdivision to be inconsistent with the state and local planning policy in regards to the protection of agricultural land as well as the purpose and objectives of the Farming Zone and against the orderly and proper planning of the area.
In a decision issued on June 12, 2015, the Tribunal upheld the decision, finding that while climate change is occurring, it would not have a significant impact on this particular region or property. Further, subdividing the property was not shown to improve farm economics and viability, and would actually potentially stifle production innovation.