Mr. D’Abate challenged the Shire Council’s denial of his request for permission to build a new two-story dwelling. That denial was based on the East Gippsland Catchment Management Authority (EGCMA) finding that the new building would impermissibly intensify development in a floodplain. The Tribunal disagreed with the EGCMA’s assessment of the flood risk but upheld the denial nonetheless on the grounds that permission to build in the desired location would put the building in the path of flooding driven by climate change and sea level rise. The Tribunal also noted that the Shire Council faced the difficult task of making planning decisions amid a policy context in which the developing understanding of climate change impacts was leading to the imposition of new state-wide restrictions.
Permission to develop in a floodplain