Coastal developers, take note

A piece hidden away in The Sydney Morning Herald (Tuesday 19 August 2008) should be compulsory reading for all persons associated with local government, and especially those in coastal areas of Australia.

The Herald reports:

Sea levels thwart new homes
A decision by Victoria's Civil and Administrative Tribunal to overturn a South Gippsland Shire approval for six new homes because of the potential effect of rising sea levels could have ramifications for coastal areas around Australia. The tribunal found a "reasonably forseeable risk" of inundation, which it deemed unacceptable.

EnviroInfo has this to say about the decision:

Environment Defenders Office Victorian Principal Solicitor, Brendan Sydes, says the tribunal’s decision that the likelihood of sea level rises should be considered by councils when making planning decisions could have significance within Victoria and nationally.

Mr Sydes says VCAT’s decision may be an indication of the approach planning tribunals nationally could take when considering planning decisions made in coastal areas.

The case before VCAT involved the assessment of six planing permits granted by the regional South Gippsland Shire Council for dwellings located in a farming zone close to the coast.

In making its decision to overturn the council’s planning approval of the dwellings, VCAT considered the potential impact of sea level rises caused by climate change on the proposed developments.

To this end, the tribunal found increases in the severity of storm events and rising sea levels would create a “reasonably foreseeable risk” of inundation of the land and proposed dwellings, which VCAT deemed to be “unacceptable”.

While the tribunal noted the relevance of climate change considerations to planning decision-making processes is presently in an “evolutionary phase”, it concluded that sea level rise and the risk of coastal inundation are “relevant matters to consider in appropriate circumstances”.

The tribunal said climate change would lead to extreme weather conditions beyond the historical record that planners rely on when assessing the potential future impact on proposed developments.

Read the VCAT’s decision here.