Two separate applicants each brought a case against the Frankston City Council, opposing the Council's decision not to grant construction projects. Both construction projects were intended to build several dwellings, each in different central accessways of Seaford. The cases were heard and determined together, although the proceedings remained separate. On September 19, 2024, Tribunal Member Christopher Harty decided to uphold the City Council's decisions, refusing to grant the proposals.

The proposals were originally referred to Melbourne Water by the City Council because the proposed building sites are affected by the Special Building Overlay (SBO)—meaning that the sites are prone to overland flooding. Melbourne Water objected to both projects, citing unacceptable flood risks that would affect access and egress from the sites. More specifically, Melbourne Water explained that its decisions were based on the following findings: (i) Because the developements do not assist in the protection of life and property from overland flows, they do not uphold the objecitves of Floodplains of the Frankston Planning Scheme (the "Scheme") Clause 13.03-1S; (ii) The development is contrary to the decision guidelines Clause 65.01; (iii) The development does not suit Section 60 of the Planning and Environment Act 1987 due to the effects the environment may have on the development; and (iv) The development does not adequately address the objectives of Part 8 of the Guidelines for Development in Flood Affected Areas. On the other hand, the applicants argued that the proposals are consistent with the policy directions for housing in the Frankston Planning Scheme, based on the sites' proximity to the Frankston Metropolitan Activity Centre, where medium-density residential development has occurred, and because they deemed the risk to the development and future occupants as reasonable and acceptable.

The Tribunal considered three separate issues before concluding that it would reject the applications. First of all, dwellings were found to be suitable for the site. Strategic policy and the established residential nature of the surrounding neighborhood supported the use of the sites for housing. Second, similarly, the plans were found to respect the neighborhood character. Third, however, the Member concluded that the risk associated with the flood is too great for the permit to be granted. He concluded that although the court must consider the inefficiency of leaving empty a site with a high housing demand, it is unreasonable to require occupants to be isolated in their houses for 10~12 hours during a flood. Moreover, the court acknowledged that it has an obligation, under the Planning Scheme, to consider the effect of climate change on floods, which only heightens the risks associated with them. In its conclusion, the Tribunal, while rejecting the applications, urged Melbourne Water, the City Council, and the State Government to urgently address the issue of inadequate stormwater drainage.

6C RAZ Pty Ltd v Frankston City Council

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6C RAZ Pty Ltd v Frankston City Council - decision

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

An integrated system of hazard monitoring, forecasting and prediction, that enables individuals, communities, governments, businesses and others to take timely action to reduce disaster risks in advance of hazardous events.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt freshwater systems to climate change.

Actions to adapt human health, healthcare systems and well-being to climate change.

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Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

This sector involves activities to move goods and people, alongside the storage of products.

This sector provides communication services, software development, and IT solutions.

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This sector involves the distribution, treatment, and conservation of water resources.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

6C RAZ Pty Ltd v Frankston City Council - decision

Policy instrument

Risk

Impacted group

Just transition

Economic sector

Adaptation/resilience