Data source
Date of text
24 Jan 2011
Country
Seat of court
Melbourne
Original language

English

Type of text
National - lower court
Reference number
[2011] VCAT 76
Court name
Victorian Civil and Administrative Tribunal
Sources
InforMEA

At issue in this case was a proposal to build a community hall in an area that was badly burnt by bushfires in February 2009. Citizens objected to the proposal and appealed the Council’s decision to grant a permit for the building due to the fire risks associated with the proposal. The Victorian Civil and Administrative Tribunal relied upon the strong community need for the community hall but nevertheless recognized that a prudent approach was needed and that climate change predictions suggested that Victoria would experience more extreme fires in the future. Accordingly, the Tribunal dealt with the risk of loss of life with respect to bushfire risks by imposing conditions on the permit ensuring that the loss of life risks were reduced to a manageable level. For instance, the Tribunal stated that the community hall could not be occupied until an Emergency Management Plan had been prepared by the permit holder.

Source:
http://www.lse.ac.uk/GranthamInstitute/litigation/carey-v-murrindindi-shire-council-victorian-civil-and-administrative-tribunal-2011/