06. Environment

Smith v Hobsons Bay City Council [2010] VCAT 668 (12 May 2010)

Application of Charter to Planning Schemes, Decisions and Considerations Smith v Hobsons Bay City Council [2010] VCAT 668 (12 May 2010) A recent VCAT decision establishes that a planning scheme provision limiting views into existing secluded private open space and habitable room windows is not incompatible with the Charter.  VCAT also held that a local [...]

Thomson v ACT Planning and Land Authority [2009] ACAT 38 (2 October 2009)

Planning Law and the Right to a Fair Hearing Thomson v ACT Planning and Land Authority [2009] ACAT 38 (2 October 2009) On 2 October 2009, the ACT Civil and Administrative Tribunal (‘ACAT’) handed down a decision which discussed whether the limitation on ACAT’s jurisdiction to hear applications for review of planning decisions breached the [...]

Swancom Pty Ltd v Yarra CC [2009] VCAT 923 (10 June 2009)

Application of the Charter in Planning Disputes Swancom Pty Ltd v Yarra CC [2009] VCAT 923 (10 June 2009) On 10 June 2009, Deputy President Dwyer and Member Bensz of the Victorian Civil and Administrative Tribunal handed down a decision which discussed the application of the Charter of Human Rights and Responsibilities Act 2006 to [...]

Carwoode Pty Ltd v Cardinia SC (Red Dot) [2008] VCAT 1334 (23 June 2008)

This was a case regarding an application for permits to subdivide land and construct various buildings ancillary to a freeway which would involve the removal of native vegetation to the detriment of the Growling Grass Frog. During the hearing of the merits, a challenge was made to VCAT’s jurisdiction to hear the matter and submissions [...]

Fägerskiöld v Sweden [2008] ECHR 37664/04 (25 March 2008)

The European Court of Human Rights has considered a case of nuisance caused by a wind turbine, based on the right to respect for private and family life (art 8) and the right to protection of property (art 1 of Protocol No 1) of the European Convention on Human Rights. Detailed case note.