Myers v South Gippsland SC.

This decision in this case involved several applications for planning permits under the local Planning Scheme for the construction of sea-side apartments. The applications related to land within a Farming Zone near the township of Toora, Victoria. This case involved an application to subdivide an existing lot into two lots. The land is located in a Township Zone, which is an appropriate zone for residential development. An Environmental Significant Overlay Schedule 3 applies to the site. Gale Street separates the site from the coast. The Judge has considered if a decision could be made on this matter without a proper assessment of the impact of climate change and in particular, the effect of storm surges on the proposed subdivision and future construction of a dwelling. He accepted the precautionary principle of the Managing Coastal Hazards and the Coastal Impacts of Climate Change General Practice Note December 2008 and considered that a coastal hazard vulnerability assessment was required to be undertaken prior to a decision being made on the subdivision.