If you still don’t believe that climate change is a reality, you and your Fairyland friends will be bemused by the following. If you live in the real world and work in coastal development areas, the following will provide a brief overview of recent changes to the Victorian Planning regime resulting from climate change issues, focusing in particular on the effects they will have on development applications in coastal and low lying areas.
The recent changes are based on recommendations contained within the Victorian Coastal Strategy (VCS) released in December 2008. The VCS includes four strategic areas relating to all elements of conservation and stewardship of marine environment, foreshore, coastal hinterland and catchments. The strategy of most relevance to those working in the development industry is Part 4 “Sustainable Development on the Coast.” Part 4 contains general policies and actions aimed at directing development away from sensitive coastal areas and managing it within existing urban nodes.
Of the wide ranging information contained within the VCS, perhaps the most important new policy is that which now plans for a sea level rise of not less than 0.8 metres by 2100. The 0.8 metre level (which is based on the agreed science determined by the Intergovernmental Panel on Climate Change) has been incorporated into the Victorian Planning Provisions (VPP) at Clause 15.08 (Environment) Coastal Areas. This new Clause requires planning authorities to manage coastal hazards and the coastal impacts of climate change through the application of the following strategies:
- Plan for sea level rise of not less than 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change.
- Apply the precautionary principle to planning and management decision-making when considering the risks associated with climate change.
- Ensure that new development is located and designed to take account of the impacts of climate change on coastal hazards such as the combined effects of storm tides, river flooding, coastal erosion and sand drift.
- Ensure that land subject to coastal hazards are identified and appropriately managed to ensure that future development is not at risk.
- Avoid development in identified coastal hazard areas susceptible to inundation (both river and coastal), erosion, landslip/landslide, acid sulfate soils, wildfire and geotechnical risk.
A new Ministerial Direction has also been published entitled “Ministerial Direction No. 13 Managing Coastal Hazards and the Coastal impacts of Climate Change.” This Direction applies to any planning scheme amendment that provides for the rezoning of non-urban land for urban use and development of all land.
In addition, a new General Practice Note entitled “Managing coastal hazards and the coastal impacts of climate change (DPCD December 2008)” has also been published to provide additional guidance for developers and local councils. The practice note introduces a new assessment tool the “Coastal Hazard Vulnerability Assessment” (CHVA). It is expected that this CHVA will become a standard requirement for development applications within coastal and risk prone areas.
Unfortunately the new Clause 15.08, Ministerial Direction and General Practice Note do not clearly define:
- What is ‘at risk’ land
- What should be contained in a CHVA
- When a CHVA will be required
The answers to these questions will be determined overtime as disputes are settled at VCAT and the Victorian Supreme Court. Until then Clause:1 recommends that developers and planning permit applicants:
- Consider preparing a CHVA for develop applications on land:
- Abutting the coastline or a coastal reserve
- Less than 5 metres Australian Height Datum within one kilometer of the coastline abutting a flood plain, estuary or river or lake;
- Be very cautious when accessing the development potential of land:
- Within 500 metres of a coastline
- With an AHD level of less than 1metre above the known flood level of land in coastal areas or abutting estuaries, rivers and flood plains.
There is no doubt that the new planning approach raises the bar for assessing coastal development. A likely outcome of this is that more applications will be refused based upon the impacts of climate change. Clause:1 is currently involved in multiple sites affected by these new provisions and we will keep BDAV readers informed as our applications and appeals progress.
The new General Practice Note Managing Coastal Hazards and Coastal Impacts of Climate Change provides more detail and is available from www.dse.vic.gov.au
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Last updated 111009