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[2021] VCAT 291
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2021-04-20
Mr P, Ms J
Original judgment source is linked above.
[1] This land is known as 140 High Street, Mansfield. Planning Permit No. P164/17 was issued on 30 July 2018. It allows the use and development of land for a service station, display of business identification signage and creation of access to a Road Zone Category 1. By order dated 3 February 2021 in proceeding P1127/2020, the Tribunal extended the commencement date for the development to 29 June 2022 and the completion date to 29 June 2024.
[2] The submissions and evidence of the parties, any supporting exhibits given at the hearing, and the statements of grounds filed; have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.
[4] (Includes Summary) (Red Dot) [2013] VCAT 725
[5] Defined as 'Land used to prepare and sell food and drink for immediate consumption on, or off, the premises'.
[6] Defined as 'Land used to a) sell goods by retail, or by retail and wholesale; b) sell services; or c) hire goods'.
[7] The Planning Scheme does not currently include a Municipal Planning Strategy. Transitional provisions are detailed at clause 71.01-3. Pursuant to this clause, where a Municipal Strategic Statement is included at clause 21 of the Planning Scheme, the provisions of clauses 23.01 and 23.02 apply. Pursuant to clause 23.01, clauses 21 and 22 form part of the Planning Policy Framework and where a provision of the Planning Scheme requires consideration of the PPF, that consideration must include clauses 21 and 22.
[8] Pursuant to clause 23.01 a reference in the Planning Scheme to the Planning Policy Framework is to be taken to include the Local Planning Policy Framework.
[11] The site which accommodates the historic railway precinct and the MVIC is included within Heritage Overlay Schedule 31, Former Railway Station, High Street Mansfield. The overlay extends to the High Street boundary of that land.
[12] Pursuant to clause 52.06-9, the required dimensions for a parallel car parking space are 2.3 metres by 6.7 metres.
[13] A total of 26 car spaces is proposed to be provided. While the application of the 0.3 space/seat rate to the proposed 89 seats results in a requirement for 26.7 spaces, pursuant to clause 52.06-5 "if in calculating the number of car parking spaces the result is not a whole number, the required number of car spaces is to be rounded down to the nearest whole number". Accordingly, 26 car spaces are required.
[15] The traffic survey data collected by ratio: consultants pty ltd was that utilised by Mr Hunt in preparing his evidence.
[16] 28%= 230 veh/hr (MR Cagney report p9) / 180 veh/hr (Hunt evidence paragraph 11.2.6).
[17] According to the evidence the degree of saturation is a ratio of arrival (or demand) flow to capacity. A degree of saturation of 0.61 to 0.70 has a rating of 'Very Good'.
[18] (Includes Summary)(Red Dot) [2014] VCAT 786
140 High Street Pty Ltd
Mansfield SC [2021] VCAT 291