Johnston v Bass Coast Shire Council
Jurisdiction: Victoria's Civil and Administrative Tribunal
Side A: Marjorie Johnston (Individual)
Side B: Bass Coast Shire Council (Government)
Core objectives: Court considered climate change in assessing development permit
SummaryIn a hearing held on November 9, 2015, Marjorie Johnston for the Silverleaves Conservation Society applied for a review of a decision by the Bass Coast Shire Council granting a permit to a development. The development was for a three-level building. She applied for review under section 82 of the Planning and Environment Act 1987. The objections to the permit included consideration of environmental impact and landscape impacts, among others. The sole reason a planning permit was needed for the building was because its height exceeded seven meters from ground level.
In an order issued on December 16, 2015, the Court granted the permit to develop the land, finding the development plan to be acceptable. In reaching this decision, the Court considered the coastal hazards posed to the building from climate change, although these hazards were not raised in the grounds of the objections. The Court found that the design plan accounted for potential future sea level rise and flooding.