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[2002] VCAT 515
Victorian Civil and Administrative Tribunal
2002-06-12
Mr J
Original judgment source is linked above.
For the reasons set out above, I will order that the decision of the Responsible Authority be varied.
Shalit & Faine
Boroondara CC and Anor [2002] VCAT 515
29. I accept Mr Morris's submissions that the ambit of discretion is confined to matters relating to flooding and the impact of the proposed dwelling on the passage and storage of floodwaters, including capacity of the floodplain. That principle is well established in various authorities referred to by Mr Morris including National Trust of Australia (Vic.) v Australian Temperance and General Mutual Life Assurance Society Ltd [1976] VicRp 60; [1976] VR 592, Salmal Constructions Pty Ltd v Richards (1998) 99 LGERA 423 and, more recently in terms of new format Planning Schemes, Sweetvale Pty Ltd and Anor v VCAT and Ors [2001] VSC 426 and Burn and Ors v Stonnington City Council and Allan Powell Pty Ltd (P2001/014252). Indeed, Victorian Planning Reports have recently made editorial comment concerning the ambit of the Tribunal's discretion. At 8 VPR 122, they state that the Tribunal has recently:
(1998) 99 LGERA 423