Owen v Casey CC.

The case raises a preliminary question as to whether a coastal hazard vulnerability assessment is required for a permit application for two dwellings. Consistent with the decisions of Myers and Ronchi, the Tribunal held that State policy makes it clear that the wider risks and consequences for the community require this matter to be addressed in permit applications and in decision-making. Even though the proposal was only for two dwellings, Melbourne Water had not objected to the permit application, and the obligations may seem onerous, it was not appropriate to avoid an assessment. The Tribunal specifically rejected the proposition put by the permit applicant that the purported economic life of the proposed units of 40-50 years gives a basis to depart from the direction being pursued by State policy.