Victorian Civil and Administrative Tribunal|2013-08-23

For the reasons set out above, whilst we find certain aspects of the proposal to be in order, we are unconvinced that it has adequately responded to the constraints and opportunities of the HO440 and DDO8 so as to constitute an acceptable overall planning outcome. Hence we have made orders above that no permit shall issue.

[1] The failure of the Responsible Authority to make a decision in the statutory period for the Tribunal's purposes equating to a refusal.

[2] In terms of permit triggers the change in zoning means the ground floor office use is no longer subject to a permit.

[3] For example, in Clause 16.01-2 dealing with "Location of residential development", a key strategy is to "Encourage higher density housing development on sites that are well located in relation to activity centres, employment corridors and public transport". At Clause 11.01-2 in relation to "Activity centre planning", a key strategy is "Encourage a diversity of housing types at higher densities in and around activity centres".

[4] The general requirements at clause 3.0 that apply to all precincts.

[5] At page 23 of Mr Lovell's written evidence dated June 2013.

[6] See Ms Garretty's main report dated 2 July 2013. Although her Addendum document at page 4 refers to the provision of 78 bicycle parking spaces in the basement, either way, we see this provision as acceptable.

[7] See for example Potts v Glen Eira CC [2003] VCAT 1129, Lin & Anor v Whitehorse CC [2011] VCAT 977 and Hogan Carrum Property Pty Ltd v Stonnington CC [2013] VCAT 16.

[8] Design Guidelines for Higher Density Residential Development (Department of Sustainability and Environment, 2004) referred to in clause 15.01-2 of the Scheme.

Environment Act 1987

244 Dorcas Street Pty Ltd v Port Phillip CC [2013] VCAT 1487 (23 August 2013)

244 Dorcas Street Pty Ltd v Port Phillip CC [2013] VCAT 1487

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244 Dorcas Street Pty Ltd v Port Phillip CC [2013] VCAT 1487 (23 August 2013)